I am helping a friend. He installed an expensive kitchen in a man's house in 2014. The debtor. After installation debtor said he did not have the balance. The friend went to the Magistrates Court and got a judgment and a writ of attachment. A number of household items were attached. But someone claimed in an affidavit that they own the items.
The friend has paid for legal advice twice to get this far. But this is now becoming expensive, and he wonders what the chances of recovery are.
The debtor is known to my friend who says that he runs several businesses from the home which has been extensively renovated. The friend says that he gets government contracts and appears to own/drive 2 Mercedes.
The sheriff is issuing summons to the claimant to prove ownership. The claimant does not own the house but a deed search shows that someone with the same last name (not the debtor) does. Since 2001.
It appears the debtor wishes to be judgment proof and may have scammed others. Is it fraud to claim one owns a house and wants renovations knowing they will not pay? What can be done?
Can the house owner be sued for unjust enrichment?
Apparently the debtor can be asked for financial disclosure in court, and can eventually be sequestrated, but it seems he knows how to wriggle out of these actions.
Any help would be appreciated.
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