Debt Judgment procedure

[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]

[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).