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Maintenance Act, 1998 (Act No. 99 of 1998)

Chapter 5 : Civil Execution

30. Attachment of debts

 

(1) A maintenance court may—
(a) on the application of a person referred to in section 26(2)(a); or
(b) when such court suspends the warrant of execution under section 27(4)(b),

make an order for the attachment of any debt at present or in future owing or accruing to the person against whom the maintenance or other order in question was made to the amount necessary to cover the amount which the latter person has failed to pay, together with any interest thereon, as well as the costs of the attachment or execution, which order shall direct the person who has incurred the obligation to pay the debt to make such payment as may be specified in that order within the time and in the manner so specified.

 

(2)        

(a) An order under this section may at any time, on good cause shown, be suspended, amended or rescinded by the maintenance court.
(b) Any person who wishes to make an application for the suspension, amendment or rescission of an order under this section shall give notice of his or her intention to make the application to the person in whose favour that order was made, which notice shall be served at least 14 days before the day on which the application is to be heard.
(c) The maintenance court may call upon—
(i) the person who has made the application to adduce such evidence, either in writing or orally, in support of his or her application as the maintenance court may consider necessary; or
(ii) the person in whose favour an order under this section was made to adduce such evidence, either in writing or orally, in rebuttal of the application as the maintenance court may consider necessary.

 

(3) An order made under subsection (1) may be enforced as if it were a civil judgment of the court.