Summons

[s.l]

Hi there

I've had a look through all the previous posts here about summons, however could not find an ideal answer for my question.

I have received a summons for a bad decision I made a while back. It was during a period that I am trying to put behind me (not drugs! was unemployed and it put me in a bad place).

The summons is dated 16 January 2014, however I only received the summons in my hands this week; it was accepted by another person staying where I am. I understand I have 10 days to sort this mess out, however I do not have the full amount available right now to pay the outstanding amount. From what I have read, I am able to pay the outstanding amount off monthly, There is no mention of this though in the summons, it's a No 2 Summons.

I do want to sort this out, I don't need this trouble in my life anymore and am trying to keep the wolves away, something nice I read on another post.

Thank you!

[HR Solutions]

I'm sure that one of our esteemed lawyers will give you a professional answer, but from my experience of having a daughter that is an attorney, you can contact the lawyer that served you and make an arrangement to pay off the debt. Most of the time they will accept a reasonable payment plan.

[sterne.law@gmail.com]

I suggest that you file a notice to defend, and then contact them regarding a settlement plan.
The notice will give you some protection in case they are a less than honest bunch and say yes we will talk, and then try get a default judgement.
Then call them and chat.
Also, if your debt is mor ethan 3 years then see posts on prescription.

[s.l]

Great, thank you for the replies.

I did call the lawyer and explain that I do want to pay and will gladly pay monthly. He said I should make a payment as a gesture of good faith which I will do next week, and he will also speak to the people requesting the money about my offer.

I will file the notice to defend in the interim.

Thanks again!

[sterne.law@gmail.com]

're the prescription issue.
If the debt exceeds 3 years you can claim as defence and therefore they can't proceed. Of course, even if it exceeds 3 years, you can still choose to pay.
If you do wish to claim prescription, then you must not make a payment.

[s.l]

The debt is from the beginning of last year, I know it's within the 3 year period but would that make a difference?

[Citizen X]

Don't let the 'offer to pay in installments..' clause in the simple summons fool you! If as you have done it, you made arrangements vefore the filing of the declaration or application for summary judgment, then that's fine! However, once you enter an appearance and then make arrangements to pay in installments, judgment is granted against you with that installment offer in mind!

[sterne.law@gmail.com]

Well it's less than 3 years old, so prescription is not an issue.

[s.l]

Thanks for all the help guys. I have still been battling this damn thing.

Unfortunately they did not accept my offer to pay in installments, however I did make a payment in the meantime. They are still demanding the remaining amount be paid in full, and now also want to take judgement. What happens now, or what should I do now?

[Greig Whitton]

I'm not a lawyer, but here are my two cents:

1. If someone is threatening to take legal action against you, never, ever, EVER deal with their attorneys directly. E.V.E.R. That payment "in good faith" was pure bait-and-switch to get some money out of you.

2. Have you considered applying for debt counselling? It's not a perfect solution, but if your application is successful and you get a good debt counselor, then you will have qualified support from someone who genuinely has your best interests at heart. The fact that you have already been summonsed throws a spanner in the works, but it may still be worth pursuing.

For more info about debt counselling, check out these two links:

Official National Credit Regulator guide
Helpful IOL article

[Greig Whitton]

Also, what exactly was the original agreement / debt that the summons was issued for? If it is deemed to be a credit agreement governed by the National Credit Act, then your creditor would need to issue a section 129 notice before they can pursue legal action.

[xcorporation]

start a sideline business - keep it to urself.
Once the money flows in you can pay everyone back.

if you go through debt councelling you cant get a credit card and other stuff.

[s.l]

Sorry to revive an old thread, but it is relevant still! To answer the previous posts, it's not a credit agreement, just an amount that I owe according to a breached contract.

After a lot of back and forth and trying to pay off this debt, it has now come to the point where they have applied for judgement at the court, and the sheriff will attend my premises as soon as judgement is received to attach. Is this a process that takes some time? If the application was done on Monday, and I am able to pay the last amount, would I be able to do so?

[Houses4Rent]

I am no lawyer, but as far as I know if the summons was for a specific amount and you have paid some of it by now they have to start all over again for the now reduced amount. Maybe check that avenue.
And then go to the court session and explain your side of the story with the proof of paymenst made so far, your offer etc. I would be surprised if you still receive a judgement. If you do not go you will get default judgement.