Debt Judgment procedure

[Dave A]

[AndyD]

Sounds like a sensible compromise.

[BryanCasson]

Be sure that the judgement actually exists! I went to the court and asked for my file... opened it up and it was empty. ICT had already blacklisted me as they received a letter from who knows where to do so. I went straight to the Klerk of the Court and asked what was happening. Within a week they had informed ITC to remove me as there was no existing judgement. Be aware that ITC does not do their homework when presenting you with a judgement. They don't check where the documents come from of if the case even goes to court. . Anyone can send a default judgement even if no money is owed, ITC process the judgements even if you have gone to court with the intention to defend. Just an accusation will get you blacklisted. In my opinion this is criminal!

[hiddyboy]

Good Day Folks,

I need some advice. I have a debt collector claiming to be representing the Bank claiming an alleged debt. First off, the bank is in Ireland and the debt collector is in the US.
Yes folks, the good 'ol US of A. The alleged debt dates back to early 2010. I had an issue with the bank when my account was compromised electronically. I was led to believe it was sorted but now this. I have moved back to SA. The bank initially sent me correspondence in 2010, after which I querried it. The amount is well under R100K.

Do they have any type of jurisdiction? He has been calling me trying to be intimidating and I have asked him to stop.

[Dave A]

When I've had debtors skip the country, I've been told I can institute legal action against them in their new country. Normally I'd get a judgement here first, and then institute action offshore. Obviously this is only worth it if there's enough money in play - and in my situation, generally there isn't.

I expect the same principle applies in reverse.

[hiddyboy]

That might be true but I expect it to apply to huge sums. The sum I am talking about is minute in comparison. And to institute legal action offshore would be too costly in relation to the alleged debt. I would challenge any judgment with a recission anyway because of a few material issues, the most important being I didn't skip a debt. Then we can face each other in court. Anyway, if I hold them off another year or so it will have prescribed, barring any judgement.

[Linz]

procedures of filing judgment

[QUOTE=AndrewD;42525]What is the procedure for a company to get a debt judgment against a person?

Almost the same thing happened to me.
6 years ago in June of 2008, I was contacted by a law firm notifying me that I have been handed over for an unpaid doctors account, which I have never received due to the receptionist making an error on my postal address. In July I paid the account at the law firm in cash R950 and received a hand written receipt as proof of payment. Since then I have not been contacted again by this law firm.

Last week when applying for an account I was declined due to a judgment on my name, which i had no knowledge of. I requested a credit report and discovered that the judgment filed against me was for the above mention account and it was done a whole year after I have made the payment in full.
I received no summons no notification whatsoever.

I contacted the law firm to get the proof of procedures followed and the judgment application, just to get told that they have no record of my payment, neither do they have my file any longer because they destroy files that are older than 5years old, even though according to them they have no proof of me paying the account.

I also don't have proof anymore as I know I paid my account and I have not been contacted by them since I discarded the proof as I thought it was resolved.

What can I do?

[debtors101]

In February 2010, the sheriff attempted to execute on a judgement by a bank against me. As I did not own any property at the time, the sheriff filed a nil return. It appears to me that the debt has now been ceded to a firm of attorneys that are now hounding me for payments. Can a creditor take any further steps to collect on a judgement after the sheriff filed a nil return?

[Dave A]

In February 2010, the sheriff attempted to execute on a judgement by a bank against me. As I did not own any property at the time, the sheriff filed a nil return. It appears to me that the debt has now been ceded to a firm of attorneys that are now hounding me for payments. Can a creditor take any further steps to collect on a judgement after the sheriff filed a nil return?

Your problem here is that a judgement has been taken, so the debt only prescribes after 30 years. (More on prescription periods here).

[Jenn]

Please can someone help me with some advice- 7 yrs ago I went through a divorce wherein I relinquished ownership of a property I co-owned with my ex-husband. We were married ANC with accrual.

In my deed of settlement, it makes reference to this and 'claims against the estate' whereby it outlines that each party will be liable for any debt owed to creditors and will accept this debt as their own.....nevertheless in Feb I discovered that I have a judgment against my name for levies which my ex-husband has not paid. This debt was accrued after my divorce.
I tried obtaining written consent from the body corporate to rescind the judgement against my name because I do not own this property but they refused, all summons/interaction has been addressed to my ex. He has not removed my name from the bond nor does he want to co operate. I live in a rented property with my daughter and cannot be responsible for his debt. What can I do to clear my name?