Results 1 to 6 of 6

Thread: Getting past judgement deadlock

  1. #1
    Full Member
    Join Date
    May 2011
    Location
    JHB
    Posts
    31
    Thanks
    1
    Thanked 2 Times in 2 Posts

    Getting past judgement deadlock

    so the company I work for has had a judgement lodged by company X (X has been owed the money for over a year, and there was a repayment agreement plan last year which our company did not honour). They said make 3 equal payments and our company will be removed from credit bureau. Now, after making one payment, our MD says to make no more until we are cleared off the bureau. Company X, rightfully, is saying they will only remove us once the last payment is received.

    How are deadlocks like this usually resolved?

  2. #2
    Platinum Member sterne.law@gmail.com's Avatar
    Join Date
    Oct 2009
    Location
    Durban
    Posts
    1,328
    Thanks
    38
    Thanked 561 Times in 410 Posts
    Blog Entries
    7
    A judgement can be rescinded with minimum fuss and cost (R800-R1200) where the creditor consents thereto.
    Perhaps present 2 cheques, in return you get the consent letter done dated for 1 week after last cheque. The company has time to object to rescission plus if cheques are stopped or withdrawn they anyway have another action to list you again
    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.

  3. #3
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    20,979
    Thanks
    3,055
    Thanked 2,462 Times in 2,067 Posts
    Blog Entries
    12
    Quote Originally Posted by Slippy View Post
    there was a repayment agreement plan last year which our company did not honour
    Pretty much sums up how trustworthy your company is.

    The MD should be fired for mismanagement and failing to protect the good reputation of the company (just my opinion).
    The trouble with opportunity is it normally comes dressed up as work.

  4. #4
    Gold Member
    Join Date
    Jun 2010
    Location
    Johannesburg
    Posts
    832
    Thanks
    180
    Thanked 176 Times in 145 Posts
    If I were company X I would have no interest in being lenient on your company due to your bad history. If the payments were not forthcoming as agreed I would proceed with the attachment of assets or start liquidation proceedings. That should break the deadlock. I don't see how your MD justifies his demand.

  5. #5
    Diamond Member AndyD's Avatar
    Join Date
    Jan 2010
    Location
    Cape Town
    Posts
    4,403
    Thanks
    513
    Thanked 854 Times in 687 Posts
    Sorry if it sounds harsh but I would reiterate what's already been said. Your company defaulted on the original payment and again on the arrangement that was made. Company x is already aggrieved....twice, why should the onus be on them to be lenient? If I was running company x I would already have a judgement and you would be pleading with the sheriff of the court not to remove your assets for auction by now.
    _______________________________________________
    I am special and so is Vanash.
    _______________________________________________

  6. #6
    Diamond Member Blurock's Avatar
    Join Date
    May 2010
    Location
    Durban
    Posts
    3,437
    Thanks
    660
    Thanked 765 Times in 630 Posts
    Blog Entries
    1
    Quote Originally Posted by Dave A View Post
    Pretty much sums up how trustworthy your company is.

    The MD should be fired for mismanagement and failing to protect the good reputation of the company (just my opinion).
    I can not agree more. Your company has received the goods/service, made a profit on it and still have an attitude in paying company x. If you do not value your suppliers and have so little respect for the business process, you should not be in business, but cleaning toilets in stead!

Similar Threads

  1. Installation Rules-past papers.
    By Master Electrician in forum Electrical Contracting Industry Forum
    Replies: 301
    Last Post: 13-Nov-17, 11:20 PM
  2. [Article] MIE Syllabus and past exam papers
    By Master Electrician in forum Electrical Contracting Industry Forum
    Replies: 21
    Last Post: 19-Sep-17, 07:59 AM
  3. [Opinion] MIE past exam papers
    By Master Electrician in forum Electrical Contracting Industry Forum
    Replies: 9
    Last Post: 25-Jul-17, 06:45 PM
  4. Carrying the burden of our past.
    By Dave A in forum South African Politics Forum
    Replies: 0
    Last Post: 18-Jul-07, 08:20 AM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •