Summons After 8 Years

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  • Ruan30
    New Member
    • Jul 2014
    • 2

    #1

    Summons After 8 Years

    Good Day

    I hope someone can help me. In 2007 I was retrenched and could keep up with my accounts. I had a Credit Card with one of the banks and the listed me on ITC - For 5 years I couldn't do anything and finally my name was cleared. I now received a letter that they are going to take legal action (Summons and Judgment) if I don't pay. 1st) the amount is almost 4 times the original amount, I did read up on the duplum law and see they cannot charge me so much. 2nd) Can they still take legal action after such a long time? I had my punishment.

    Thanks

    Ruan
  • Houses4Rent
    Gold Member

    • Mar 2014
    • 803

    #2
    As far as I know
    - the duplum rule falls away if there was a judgement
    - debt prescibes after 3 years unless there was a judgement in which case its 30y
    Houses4Rent
    "We treat your investment as we treat our own"
    marc@houses4rent.co.za www.houses4rent.co.za
    083-3115551
    Global Residential Property Investor / Specialized Letting Agent & Property Manager

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    • Ruan30
      New Member
      • Jul 2014
      • 2

      #3
      Hi

      Thanks for the reply. There was never a Summons or Judgment issued to me.

      Thanks

      Comment

      • desA
        Platinum Member

        • Jan 2010
        • 1023

        #4
        Looks like someone bought your debt from the/a bank/finance house & is now attempting to extort their pound of flesh.

        Do your homework - there are some really wise folks on TFSA - follow the right process & send the mafia packing.
        In search of South African Technology Nuggets(R), for sale & trading in South East Asia.

        Comment

        • Dave A
          Site Caretaker

          • May 2006
          • 22807

          #5
          Please read How to claim prescription in practice and how to enter a special plea. It should solve your challenge rather well.
          Participation is voluntary.

          Alcocks Electrical Services | Alcocks Pest Control & Entomological Services | Alcocks Hygiene Services

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