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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1355
Experience:  BLC LLB (Pret) LLM (Augsburg)
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What is Article 65 Section A,B & C relating to the non payment

Customer Question

What is Article 65 Section A,B & C relating to the non payment of services rendered and the attachment of goods for such non payment. Where can I view this article?
Submitted: 7 years ago.
Category: South Africa Law
Expert:  Barend B. replied 7 years ago.
Dear Sir / Madam,

Could you be more specific on the context of these provisions? Because the only Section 65A of the Magistrates' Court Act that I am aware of relates to debt collection after judgment has been granted and a notice is served on the debtor to appear in court.

Customer: replied 7 years ago.

I think that you have answered my question. In essence I have a debtor who accepted a quotation from me and paid a deposit and instructed me to commence with the said works. However the balance of the agreement has not been paid to me. I presume that i would have to instruct an attorney to serve a summons and then let the courts decide and pass the necessary judgement.

Thereafter I presume that if the judgement is awarded in my favour, the debtor would have to make payment to me.

If the debtor reneges then I presume I could get an attachment order and sell the attached goods in order to defray my expenses.

Expert:  Barend B. replied 7 years ago.
Dear Sir / Madam,

Yes, you would have to instruct an attorney to issue summons. You can do it on your own as well, but you won't have knowledge of all the court rules regarding procedure. After judgment has been obtained, the attorney will then proceed with a warrant of execution to attach goods. Only if the debtor does not appear to have assets to attach will your attorney proceed with a Section 65A notice to the debtor to appear in court to explain his financial situation.