What is a Section 65 proceedings?

Section 65 hearings are in essence an enquiry into the financial position of the judgement debtor. In the hearing the judgement debtor, under oath, presents oral evidence as to their financial position. The Attorney of the judgement creditor is then afforded the opportunity to cross-examine the judgement debtor.

What do I do if I get a debt summons in South Africa?

If you feel that the Summons is incorrect or that you do not owe the money, dispute it, using the correct legal process to do so. This will be done by your legal team. If you do rightfully owe the money and cannot settle it once off, attempt to make an arrangement with the Creditor.

What happens after a default judgement is issued South Africa?

“If a plaintiff in whose favour a default judgment has been granted agreed in writing that the judgment be rescinded or varied, a court must rescind or vary such judgment on application by any party affected by it.” On application a default judgment where the plaintiff has agreed in writing can be rescinded or varied.

What is a Section 58 in South Africa?

The effect of the judgment is that subject to a number of evidentiary and procedural matters, a Section 58 consent to judgment can be enforced notwithstanding the NCA. In reaching that decision, the court has also given direction as to the form a Section 129 notice should take.

How do I get a garnishee order in South Africa?

The application for a garnishee order in South Africa must include:

1. The relevant application form;
2. an affidavit that states who the debtor (the person who owes the money) is;
3. confirmation of the judgement made in favour of the creditor (the person or company who wants to be paid back); and.

How are court days calculated in South Africa?

Court Days are different from Business Days or Calendar Days and are calculated as follows by excluding the first day, Saturdays, Sundays and Public Holidays. For example if you receive a pleading on a Monday, you begin counting your days to respond from the Tuesday.

How long does a Judgement stay on your name in South Africa?

A judgment is granted by the court when legal summons is issued and you fail to defend the summons or make payment of the amount claimed. A judgment remains on your credit record for 5 years or until it is paid in full or a rescission is granted by the courts.

How long is debt valid in South Africa?

South Africa has different laws which specify prescription periods, for example, the Prescription Act says that contractual and delictual debts extinguish after three years from the date when it became payable (due).

What is Section 58 2 of the Protection of personal information Act?

Section 58(2) stipulates that “responsible parties may not carry out information processing that has been notified to the Regulator in terms of subsection (1) until the Regulator has completed its investigation or until they have received notice that a more detailed investigation will not be conducted”.

Who is protected by Popia?

POPIA applies to any company or organization processing personal information in South Africa, who is domiciled in the country, or not domiciled but making use of automated or non-automated means of processing in the country.

Are garnishing orders legal in South Africa?

Because this is a legal process, yes, there are other legal costs involved, and often commission is paid to a debt collector. However, it is important to note that these additional legal costs cannot exceed the total amount of debt you owe.

Can you sue a judge in South Africa?

The law in question, section 25(1) of the Supreme Court Act 59 of 1959, prohibits civil lawsuits against a judge except with the permission of the court in which the judge sits.

What happens if I can’t pay a Judgement in South Africa?

A judgement will state that you have not paid your debt and it will reflect on your credit record for 5 years. When a judgement is granted, a creditor can apply for a warrant where the sheriff can attach goods such as your furniture and sell these to pay your debt.