1. Rhinolining Franchise is a seperate cc. The company suing my ex-wife has traced a possible R352k that was laundered through my business accounts (she was the FD) and until the forensic auditors clear my name in the process and claim against her - my business assets were frozen - there was only aboout R48k in there but this was for stock when I had jobs to do.
2. I don't understand - SARS, Rhinolinings main Franschisor, my rental argreement at my premises as well as Private investor that has tried to 'float' the business are all normal creditors?
3. The ex-wife has none of the money left - we don't know- she had her own legal defence lawyer and we do not know the facts. I left her for a younger lady in March 2008 and moved out 1 August 2008. She laundered money from January 2008 unbeknown to any of us. It was not like she suddenly drove new cars or anything...
5. My business has come to a standstill - I do not have cash to draw money for stock and hence cannot do any work. My car registered in the name of the business also 17k in arrears.
My personal bank account, my property that I live in (which by divorce decree was to be my responsibility) is also frozen so I have no income other than hand-outs from my parents to keep going. I have been going for interviews for a normal job again and I am waiting for two companies for replies after my interviews.
I approached Wesbank and SA Homeloans for 6 month extention on my personal bond but due to my ex-wife's property being in arrears (hers by decree of divorce) Nedbank has now attached any activity on my SA home-loans account.
I have received a summons from Rhinolinings Head office to pay the R90k stock account by next week.
I bought to company with my pension money so there was no surety required at the time.
I have lost the business - as it is not trading and no financial results available for the past 3 months, it is deemed worthless. I have even tried to sell the business in junkmail.
What I cannot understand about the law is that it is infirred that I am guilty by marriage - even though according to her company auditors she may have laundered only R352K via my business - i stand to lose EVERYTHING due to the ICP? The fact that we were seperated (and no love lost from her side I can promise you) I am now held accountable for the full R2m that she has stolen?
Why can't I be liable for 50% of the R352K only - even if this was done without my knowledge or consent - I can lose my house for his but the REST?
I do not know how bad - BAD is going to be. Should I look at debt counselling rather - but in my personal capacity it is maintenance for my two kids, credit card (I live off right now), my bond, a motor cycle (which I acquired after my divorce) and the little bit of furniture I have left after she cleaned me out (because I wanted out so badly)If I find a job I can manage this. But the business liabilties are growing each day....
If I did apply for debt counselling, how long would it take to be able to clear my name, and if I apply for liquadation of the business,how long will it take to clear my name>
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).