Getting past judgement deadlock

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  • Slippy
    Full Member
    • May 2011
    • 31

    #1

    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?
  • sterne.law@gmail.com
    Platinum Member

    • Oct 2009
    • 1332

    #2
    A judgement can be rescinded with minimum fuss and cost (R800-R1200) where the creditor consents thereto.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 The company has time to object to rescission plus if cheques are stopped or withdrawn they anyway have another action to list you again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.

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    • Dave A
      Site Caretaker

      • May 2006
      • 22803

      #3
      Originally posted by Slippy
      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).
      Participation is voluntary.

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

      Comment

      • BusFact
        Gold Member

        • Jun 2010
        • 843

        #4
        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.

        Comment

        • AndyD
          Diamond Member

          • Jan 2010
          • 4946

          #5
          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.
          _______________________________________________

          _______________________________________________

          Comment

          • Blurock
            Diamond Member

            • May 2010
            • 4203

            #6
            Originally posted by Dave A
            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!
            Excellence is not a skill; its an attitude...

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