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Question
Posted by: nish | 2010/05/21

Summons and legal proceedings

Just need a bit of advice for my dad who is currently unemployed and not able to work because of health reasons.
We have made suitable payment arrangements to pay off his debts and have not defaulted. Now somebody has issued summons. But the company is telling us to ignore the summons . Please advise on what i should do as i cannot afford to go to court or make a full payment on the account.

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Our expert says:
Expert ImageFamily law expert

I would strongly suggest that you consult an attorney with a request to file a notice of defence. If you don't do that, the Plaintiff may obtain judgement in your absence and issue a warrant of execution. Once that is done the Plaintiff may issue a writ on the immovable property of your dad or on his moveable property and sell it by public auction. It is very difficult to set a writ aside once granted by the court and therefore I strongly suggest that you file a notice of defence. Once the notice of defence is filed your attorney can then demand that the summons be withdrawn and that the company who issued the summons be made to pay the legal costs.

Bertus Prelle
www.divorceattorney.co.za
info@divorceattorney.co.za

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

2
Our users say:
Posted by: family law expert | 2010/05/22

I would strongly suggest that you consult an attorney with a request to file a notice of defence. If you don't do that, the Plaintiff may obtain judgement in your absence and issue a warrant of execution. Once that is done the Plaintiff may issue a writ on the immovable property of your dad or on his moveable property and sell it by public auction. It is very difficult to set a writ aside once granted by the court and therefore I strongly suggest that you file a notice of defence. Once the notice of defence is filed your attorney can then demand that the summons be withdrawn and that the company who issued the summons be made to pay the legal costs.

Bertus Prelle
www.divorceattorney.co.za
info@divorceattorney.co.za

Reply to family law expert
Posted by: Anon | 2010/05/21

Reply to Anon

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