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Thread: Divorce/Legal

  1. #1
    Gold Member Martinco's Avatar
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    Divorce/Legal

    To protect the people involved I shall not use their real names.

    Peter and Joan got married 10 years ago under ANC, they had 2 children and bought a house in a well to do suburb in Midrand registered in both their names.
    Peter goes to the municipality and signs all the documentation to get the municipal fees etc in order.
    Things do not go well and they get divorced on 15 December 2008 complete with a settlement agreement. Joan immediately packs her things and moves to a different city +- 200 Kms away.
    Peter gets left in the house and after a while moves out and rents the house to a third party. At the point of separation Peter undertook to look after the interests of the house which obviously includes the municipal fees. Peter receives the rent and does the bond and other payments. In the settlement it was determined that the house should be sold asap and the proceeds divided.
    Without Joans knowledge , Peter purposely * defaults on the municipal payments and Peter gets issued with a summons in May 2009 and a judgment issued against himself and against Joan as a co respondent. ( Joan is still unaware of anything being amiss as she has not received any summons or notification from anybody what so ever ) Peter in the meantime settles the issue with the municipality and requests the judgment being set aside a removal of his name from the credit bureau.
    * ( The issue with the municipality hinged around a problem that they got billed for vacant land instead of built up property )

    4 Days ago Joan gets a fax from Peter, from a credit bureau, stating that she now has a bad credit rating against her name as a result of the judgment.
    She contacts the lawyer for the municipality and gets told that it is good enough that the summons was delivered to Peter and it is assumed that she would be informed.

    My question now to the legal boffins............... Is this normal practice ?

    Do you think she has a case to take to the Law Society for negligence against the lawyers for the municipality in not ensuring that she gets her summons or not even been given the opportunity to rectify the municipal accounts issue ? ( Remember, although she co-owns the house, she did not sign any documents with the municipality and was totally unaware of any problem. )

    According to a friend, who is a lawyer, there is not much to do about this but to me it sounds totally wrong and unfair.
    What do you think ?
    Martin Coetzee
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    You may never know what results will come from your actions, but if you do nothing, there will be no results... Rudy Malan 05/03/2011

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    They were married ANC. Two people in a binding contract. If both are sued out then both must receive a summons. Why did the court not request the details of the summonses?

    I wouldn't only take it to the Law Society of SA, I would also seek the relevant Ombud and take a case against the Municipality and her ex husband. It was gross neglect on his part. I would have him criminally charged for conspiracy. He deliberately defeated the ends of justice when he knowingly prevented her finding out about what he did.

    He cannot claim any excuses for what has happened. By keeping quiet he committed a crime. The Receiver should also be informed as he had an earning that he never declared.

    Issue the case against hin to clear her name.

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    Bronze Member Sieg's Avatar
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    The Law is an Ass!

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    We are all welcome to our opinions. Martinco asked a question and deserved a decent answer. That's what he got. He is always welcome to ask advice.

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    Gold Member Martinco's Avatar
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    Shaun,

    Thank you for your enthusiastic reply, I think we both think alike but I do not have the legal expertise to advise Joan and hence my post.

    If you were in her shoes........... how would you go about getting some form of restitution in this matter i.e. where should she start ? ( Without having to see a lawyer as she has spent a small fortune already getting divorced.)
    Martin Coetzee
    Supplier of Stainless Steel Band and Buckle and various fastening systems. Steel, Plastic, Galvanized, PET and Poly woven.
    We solve your fastening problems.
    www.straptite.com

    You may never know what results will come from your actions, but if you do nothing, there will be no results... Rudy Malan 05/03/2011

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    Site Caretaker Dave A's Avatar
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    Supply the listing credit bureau with an affidavit setting out the story and request for her adverse credit report listing to be removed.

    On delivery of notices (or the claimed lack of it), did she advise the municipality of her change of service address?

    On the conduct of the ex - my only comment is they got divorced which tends to indicate a less than ideal relationship. Post-marital mishaps should not be unexpected.

    Or far more briefly as already said - The Law is an Ass.
    And sometimes so are people.
    The trouble with opportunity is it normally comes dressed up as work.

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    Gold Member Martinco's Avatar
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    Quote Originally Posted by Dave A View Post

    On delivery of notices (or the claimed lack of it), did she advise the municipality of her change of service address?

    On the conduct of the ex - my only comment is they got divorced which tends to indicate a less than ideal relationship. Post-marital mishaps should not be unexpected.

    Or far more briefly as already said - The Law is an Ass.
    And sometimes so are people.
    Yes Dave, I tend to agree with your last statement especially when you are dealing with people that think they can rule and overpower and misuse women !

    To answer your first question............ no, she did not as she did not think she had to because she had no initial dealings with the municipality at all but what really gets me uptight is the way the lawyers set about just assuming that she will be informed by his majesty to attend the case or to react to the summons. Surely it is negligence on their part ( lawyers ) not to ensure delivery of a summons especially if it is quite evident that she is not staying at her previous address any more. Also especially from the ex to not even communicate with her regarding this problem and only clearing himself from the judgment. Man.........how low can you get ?
    When she asked the lawyers for the proof of delivery of the summons , she got told that it is in the "archives" and will take a long time to find. "And besides, we only need to summons either one of the party "

    This sounds like BS to me !

    The problem lately is that we all take it laying down especially when it comes to the law ! ( and the ex his majesties )
    Martin Coetzee
    Supplier of Stainless Steel Band and Buckle and various fastening systems. Steel, Plastic, Galvanized, PET and Poly woven.
    We solve your fastening problems.
    www.straptite.com

    You may never know what results will come from your actions, but if you do nothing, there will be no results... Rudy Malan 05/03/2011

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    Platinum Member sterne.law@gmail.com's Avatar
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    Hey, I will try and make a reply by Monday for you.

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    Gold Member Martinco's Avatar
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    Quote Originally Posted by sterne.law@gmail.com View Post
    Hey, I will try and make a reply by Monday for you.
    Thanks, will really be appreciated !
    Martin Coetzee
    Supplier of Stainless Steel Band and Buckle and various fastening systems. Steel, Plastic, Galvanized, PET and Poly woven.
    We solve your fastening problems.
    www.straptite.com

    You may never know what results will come from your actions, but if you do nothing, there will be no results... Rudy Malan 05/03/2011

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    I have been twice divorced. My wives tried to do the same to me. The only difference is that I am learned.

    If the ITC's refuse to negotiate with her then she may take the matter to the Ombuds.

    I will gladly meet with her and advise her. If she wants to go to the ombud , it can be arranged.

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