Debt Judgment procedure

**Jill** · 02-Feb-11, 01:54 PM

HI this is very interesting. I had a judgement taken against me when my company closed about 7 years ago. Now the judgement time seems to be over the company have got some attorneys to claim the money from me. I received an sms stating that I owed a huge amount of money but I thought that if judgement was taken then the company could not start all over again and take another judgement. Before they took judgement I offered to pay a small amount evey month to cover the debt -tehy refused this and took judgement. The debt would have been paid not if they had accepted. What should I do now?

**Dave A** · 02-Feb-11, 04:03 PM

Am I the only one going "ouch"? On the face of it I don't see much wriggle room here.

Was it a summary judgement taken in a magistrate's court and is there any chance there was a flaw in procedure?
(He says grasping at straws).

**AndyD** · 02-Feb-11, 06:09 PM

If they have a judgment and it's legally solid then you should probably expect the sheriff of the court soon to attach property to the value of the judgment. It might be worth getting legal advice but it's most likely trying to close the gate after the horse has bolted and possibly incurring costs for no benefit.

**wynn** · 03-Feb-11, 09:36 AM

I find it strange that the sheriff processes the notice of judgement to an address where you may have been 10 years ago but knows exactly where to execute that judgement when he needs to?

**Jill** · 04-Feb-11, 06:22 AM

I have sorted it out and have arranged to pay off the outstanding debt without any interest. Win win all round

**Dave A** · 04-Feb-11, 03:32 PM

**AndyD** · 04-Feb-11, 06:52 PM

Sounds like a sensible compromise.

**BryanCasson** · 18-Mar-11, 10:30 AM

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** · 20-Jan-12, 09:39 AM

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** · 20-Jan-12, 12:48 PM

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.