Old Debt

[Dave A]

The mail i received says words to the effect that if not paid within 10 days,i will have to appear in court and will be subject to a fine or imprisonment for 3 months.

You can't be jailed for debt. You can be jailed for contempt of court.
If you get a summons, turn up. (Or provide a vey good reason for not being able to attend.)

[Citizen X]

You can't be jailed for debt. You can be jailed for contempt of court.
If you get a summons, turn up. (Or provide a vey good reason for not being able to attend.)

Boss, you hit the nail on the head. Law is actually about getting straight to the point or issue in dispute..

Talk about a ‘source of law,’ case law proves to be a very authoritative and informative source of law!

In Epstein v Epstein 1987 (4) SA 606 (C),[1] the applicant is Mrs Stein the mother of the respondent Mr Stein.[2] The fulcrum of the application is a letter that the respondent had written to his mother stating that he is unable to repay a loan of R6000 which he had taken from her and further that he cannot pay the rest of his creditors and is afraid of the prospect of prison.[3]



The court rejected the argument that the respondent is afraid of imprisonment on the basis that a s(65) enquiry does not commit anyone to imprisonment for been unable to pay but rather for contempt of court for not appearing.[4]

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[1] Epstein v Epstein 1987 (4) SA 606 (C) (hereinafter Epstein)

[2] Epstein 131

[3] Epstein 131

[4] Epstein 133

[Dave Sharkie]

Thanks tor that.I'm getting my ducks in a row and will see what happens next.
Will post a update
Reagards