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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15597
Experience:  L.LB (UOVS)
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Good Morning, I manufacture Fudge and have sold goods to

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Good Morning,

I manufacture Fudge and have sold goods to someone who started paying at first but has now defaulted on her payments and is not returning calls and emails anymore.
She has an outstanding balance of over R12 000.00
She said she has sold to Spars in Mossel bay and Edenvale.
She last said she sold to the former on 30 days payment agreement and will collect the money from the Spars in Mossel bay, then 'hopefully pay me on 6 Sept when she returnes. To Johannesburg.
She also said she would pay me for the last local delivery but in spite of reassuring me several times the payment has still not come through.
This has made me very suspicious.
If she has a credit agreement with the Spar, is there any chance I can attach the goods?
If she hasn't, is there any recourse. She doesn't seem to have a fixed address but can be traced through a cel number no doubt?
I would be very grateful if you could advise on what action to take?
Many thanks in anticipation
Angus Durran tel(NNN) NNN-NNNN
Good day.

This is an info request to assist you better. Please continue on this thread.

Just to confirm: You are asking whether you can fetch your fudge at the Spar that she is delivering to?
Customer: replied 3 years ago.

No not to fetch it but attach it if it has not been paid for so far.

Mossel bay is too far to collect! I am in Midrand.

Or if it has been paid for is there any recourse?

I suspect she doesn't have any money and just wants to use my money from the fudge sales

1. If the Spar has paid her already, there is nothing that you can do against the Spar. You would have to collect the money from her directly.

2. If the Spar has not yet paid her, you can attach the money that is owed to her by the Spar through a garnishee order. Unfortunately, this still means that you have to sue, since you will only get a garnishee order on application once you have obtained a civil judgment.

3. You may want to contact a registered debt collector in the South Cape area to assist you with this. What they can do for you, if they cannot collect the money from her, would be to at least get her to sign an admission of guilt and consent to judgment, which would make it easier, cheaper and quicker for you to get that civil judgment.

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