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I am still waiting for a client to pay me what he owes me.

 
SA-TOPLAW's Avatar
  • Answered by:SA-TOPLAW
  • Attorney
  • Positive Feedback: 94.1 %
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in South Africa Law

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Customer Question

I am still waiting for a client to pay me what he owes me. I have been waiting for his payment for 2 years now, he always have some excuse for not having the money to pay us back. The amount is +-R5000. We know where his shop is, but his partner says he never sees him.

 

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State/Country relating to question: South Africa

Already Tried:
calling, many times. we have his invoices that he owes us. but for the past few months he doesn't even answer anymore...

Submitted: 288 days and 20 hours ago.
Category: South Africa Law
Value: R 212.15
Status: CLOSED

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Expert:  SA-TOPLAW replied 288 days and 20 hours ago.

Hi There - defaulting debtors are a nightmare especially when the amount involved makes expensive legal action unattractive. If the money is owed to a company, cc or trust then unfortunately you cant use the Small Claims Court. If it is a partnership or sole proprietorship then you are free to use the SCC and I would recommend this avenue. Please remember that the claim will prescribe after 3 years from when the debt became due so don't leave it for too much longer. Why don't you try to list him as a bad or slow payer with ITC this might get a reaction from him. If none of this works then I'm afraid that your only recourse is to engage an attorney and issue summons bearing in mind that the fees will be more than the claim. I hope this helps you and I wish you luck. Please remember to rate my service. Regards

Expert TypeAttorney
Category: South Africa Law
Pos. Feedback: 94.1 %
Accepts: 700
Answered: 7/1/2012

Experience: All areas of commercial and contract Law - specialist in property advice.

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