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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
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Experience:  BLC LLB (Pret) LLM (Augsburg)
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I have a legal contract in place with an ex-girlfriend, which

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I have a legal contract in place with an ex-girlfriend, which we had drawn up together and legally signed while still together. The contract was for a loan amount of R45500 of which I loaned her to purchase a building which was used as a Montessori Pre-School. The contract stated that she should make monthly payments of R1500. The payments should increase by R500 every 6 months (the contract is further detailed stating security for the loan is the school building she purchased-being a wooden Wendy-house). This contract was put into place in January 2012 while we were still together. Only 1 payment was received last year January. After we split, no payments were made till this year February. Payments were asked to be made on the 1st of every month, however this was not done as she would default on payments and then double up the next month. This was given with my consent when she had requested. To date the last payment received was for August 2013. To date the outstanding amount is R33500 and payments in arrears are September and October 2013. A friend who is a debt collector, contacted her on my behalf and demanded payment however she said she has none. She is married in community of property and both her and her husband work. She is currently pregnant and going on Maternity leave on the 1st of November. The debt collector had requested numerous times she puts a debit order/scheduled payment in place for the R1500 per month but she refuse saying her salary dates differ. She said she has no money to make the R3000 currently in arrears and said she can no longer make R1500 monthly instalments but can only afford R1000 every month. She still refused putting a debit order in place. I am now unsure whether I will receive any payment at the end of this month and I am in a financial predicament and hence did not get a personal lawyer. I think the conduct from her side is unprofessional and unethical as I have been more than lenient. I just want my money that’s due to me. What is the way forward for me?
Submitted: 11 months ago.
Category: South Africa Law
Expert:  Barend B. replied 11 months ago.
Good morning,

You will have to issue summons against her. Only if you issue summons against her, will you be able to obtain judgment and after judgment, get a garnishee order. But since they are married in community of property, you will have to issue summons against both of them. Your debt collector friend can hopefully assist you with the drafting of the summons, otherwise you can contact the Law Society and ask for a referral to an attorney who would do the case pro bono (for free).

Regards,
BB
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1287
Experience: BLC LLB (Pret) LLM (Augsburg)
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