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