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JJ
JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4419
Experience:  Admitted Attorney 17 years experience
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hi, i just received a court summon to appear in court within the next

Customer Question

hi, i just received a court summon to appear in court within the next 10 days for levy non payments...i need advice on possible worst case scenarios. i lost my job 3 months ago
Submitted: 1 year ago.
Category: South Africa Law
Expert:  JJ replied 1 year ago.

Hi

Welcome to Just Answer!! Thank you for giving me the opportunity to assist you.

Do you indeed owe the money?

Customer: replied 1 year ago.

well i guess i do - the levies are 2000 pm my house was registered in march with the deeds office

Expert:  JJ replied 1 year ago.
Hi

If you are not going to defend the claim then they will obtain judgement against you. The worst case scenario is that they will be able to attach your movable assets, and if the cannot satisfy the debt with those they can attach your house and sell it.

You can defend the claim but it will only buy you some time before the court will be granting a judgement. You will need to make urgent arrangements otherwise the will follow the execution process as described above.

If not clear, ask more.
Customer: replied 1 year ago.

can i dispute the levies of 2000 pm as an unfair charge - isnt there a CPA act that requires these people to not charge beyond a certain amount.


 


 

Expert:  JJ replied 1 year ago.
Hi

These levies are agreed at the annual AGM. This is not a transaction as defined upon the act and will jot assist you.

You will have to argue that you do not owe the amount and that what they charge is incorrect relative to what was agreed at the AGM.
Customer: replied 1 year ago.

if i choose to defend the claim will that mean that i should get a lawyer or the state can provide me with a lawyer? i dont have money for a lawyer

Expert:  JJ replied 1 year ago.
Hi

You can ask for legal aid from the legal aid board, but doubt whether they will grant it as there seems to be little merit in the case. See www.legal-aid.co.za
Customer: replied 1 year ago.

doesnt govt give some sort of legal help for us poor people

Expert:  JJ replied 1 year ago.
Thx.
Customer: replied 1 year ago.

i asked whether there is any legal assistance govt can offer me?

Expert:  JJ replied 1 year ago.
I have stated n my answer above that you can contact the legal aid board. It is a government funded organization to assist people who are not able to afford legal representation.

Please change your rating as it is unfair and not justified.
Customer: replied 1 year ago.

dude this thing is a rip off - i have a serious problem i came here for proper legal advise not some answers i could have easily gotten off google -

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