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Thread: How to deal with Bullying lawyer and prescribed debt

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    Unhappy How to deal with Bullying lawyer and prescribed debt

    Good day

    If you could help me with an incredibly stressful and urgent matter I will greatly appreciate it.

    In 2008, I purchased my current house in March and according to the contract the previous owners had to move out on date of transfer 24 April. We had ended our rental agreement and it was imperative I move into our new house on that date with my kids and dogs and my disabled husband. The previous owners refused to move until June 2008 and I consulted S attorney's to assist me with removing these people from my house.

    The lawyer advised on 25 April that we bring an urgent application to the high court using the Pi act. I paid him upfront R7000 for costs. He assured me I had a case. The application was constantly postoned over the next 5 days. On the 30 April the judge said he would have a special hearing on 1 May for us. On the 1st S attorney's demanded another R10000 for them to continue representing me. I could not afford anymore the legal fees and elected to represent myself in court.

    I lost the case and the judge ruled for me to pay costs for the court and other party. The judge said my lawyers had used the wrong law and should have rather gone with contractual law.

    The day after the judge phoned me and waived the court costs and the other parties lawyer also waived her costs as she felt I had been unfairly treated.

    A year later S attorneys sent me an account of R100000! I went to court to tax this account and it was reduced to R48000. I then contacted and applied to the law society of gauteng to assist me in being unfairly represented. They said they would investigate the matter and I have not heard from them since.

    I did not pay S attorneys at all.

    Last year in September I think the sheriff of the court arrived to write up my assets as instructed by attorneys now representing S attorneys. I was never notified of a summons for judgement at all and did not have a chance to defend myself.

    I emailed these lawyers asking what on earth they were writing me up for and telling them to call the sheriff off so I had a chance to find out what was going on.

    They responded eventually that they represented S attorney's. I replied saying the account had prescribed in 2011. I did not hear from them again until last week Friday.

    I received an email from them saying I had 6 days to pay R50000 or the sheriff will attach my assets. I checked my credit report today and there is no judgement against me at all!

    I need to know what to do. I never received the summons to go to court to defend the judgement. I was unfairly represented in 2008, I am certain the account has prescribed and I cannot afford the R50000 as I am the only breadwinner in the family.

    Any advice will be appreciated

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    Diamond Member Vanash Naick's Avatar
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    Hi Tazz123,

    Welcome to TFSA

    Have a look at the following link, it will answer all your questions

    http://www.theforumsa.co.za/forums/s...lea?highlight=

    My concern though is that based on the information that you have provided, they have a warrant of execution. This can only take place if judgment was granted!
    If judgment was granted extinctive prescription won't assist you as a judgment debt prescribes in 30 years.
    That said, you may have to instruct an attorney to take this matter on review on the basis of gross irregularity in that you were never served with summons.

    Try asking for the case number, date of judgment and court from which judgment was granted. This will assist in clarifying whether this is a judgment debt..

    V
    Last edited by Vanash Naick; 12-Feb-14 at 12:44 PM.
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    Platinum Member sterne.law@gmail.com's Avatar
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    There is limited info before us, but I'm not entirely sure the high court got it right. However we do not know what papers were put before thecourt.
    Correctly, the matter is a contractual dispute, but there would still have been a need for eviction, as they because unlawful tenants.
    So, it is difficult to say if the legal work and Advice was actually incorrect totality.

    I suggest trying to get the law society to intervene or even assign a probono lawyer.
    Problem is lawyers don't like acting against easy other, unless there is money owed.
    You do need to get the court file for the judgement immediately.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Tazz123 (13-Feb-14), Vanash Naick (12-Feb-14)

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    Platinum Member desA's Avatar
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    What an incredible mess. What a shame.

    The only ones winning here appear to be the useless lawyers (thugs) the OP used.
    In search of South African Technology Nuggets(R), for sale & trading in South East Asia.

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    HI

    Thank you so much for your response. I emailed the lawyers this morning. They did send me the case no and said the Judgement was issued in July 2012.

    This was 4 years and 2 months after the original matter. I received no summons for judgement to defend it nor have I received a copy of said Judgement. Also it does not reflect on my ITC.

    I suppose I am going to have to find a decent lawyer to rescind the judgement now and incur extra costs

    Every legal firm I have spoken to are very reluctant to help and offer very few solutions. Most of the time they tell me to pay it off. But this is a matter of principle.

    S attorneys took the Pi act to court and the judge said I do not meet all three requirements of the Pi act to be able to win the case. S attorneys did not represent me on the actual day in court. I was not billed by the other party's lawyers at all either.

    Thank you for your advice though, I do really appreciate it. If you have any willing associates in Pretoria you could refer me to, I would be very grateful.

    Kind Regards

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    Thank you very much for all the info and the help. I will have to go hunt down a willing attorney today I suppose before the Sheriff of the court rocks up to my house.

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    Platinum Member sterne.law@gmail.com's Avatar
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    Get the recission.
    Then see if he sues out again and you can claim the prescription defence etc.
    The recission should not be too much. I sit High Court or Mag court?
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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