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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2581
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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If the creditor did not execute a warrant to attach 14 years

Customer Question

My name is***** the creditor did not execute a warrant to attach 14 years ago does the warrant prescribe the creditor is a bank
JA: Thanks. Can you give me any more details about your issue?
Customer: The immovable property was attached and sold 14 years ago but sold for a lesser amount and now there is still a balance judgement and warrant was granted by court in Pietermaritzburg. 14 years later the court in Pietermaritzburg grants indemnity in terms of rule 45 (3) (c) (1) and warrant of exec granted by High Court Local Div in Johannesburg .
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Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.

Hi Aldrin

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Before I answer I just need to understand one thing.

Was a new writ of execution now issued by court, 14 years after the initial judgment?

Customer: replied 1 year ago.

yes a new writ was issued by jhb high court

Expert:  Freddie Lombard replied 1 year ago.

OK then, your question is a little confusing. You state that the warrant of execution was NOT executed, yet in the same breath you say that the property was sold in execution. The price obtained in the execution sale (which had to take place after the warrant was properly executed) was not enough to cover the judgment debt, leaving a balance due on the judgment debt.

So, the short answer is that yes, the creditor can still execute the judgment for a period of 30 years after judgment was obtained. In this instance, it would appear that the creditor applied for a new (fresh) warrant of execution 14 years after the initial sale in execution for the balance of the debt owed to the creditor.

This is perfectly normal and completely legal.

I know that this is probably not he answer you wanted, but I try my best to provide you with an accurate answer in accordance to the current legal position in SA. I do wish that I could give you some better news, but I also believe it is in your best interest to have the correct news rather than incorrect good news. Please remember this when rating the service.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards

Expert:  Freddie Lombard replied 1 year ago.

Hi there,

I have noticed that you have not yet rated my service and consequently I am not sure if you still need help from me or if you are satisfied.

Please rate my service positively if you are satisfied.

Kind regards

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