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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2455
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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Is that a must that the client must surrender the car

Customer Question

Is that a must that the client must surrender the car because according to sec 127,the client is the one who should initiate the surrendering process.And if the client refuse the proposal to surrender,how long will it take for the credit provider to obtain an order under sec 129,and again can we also object to the application should it be filed?If yes what are the chances of buying time in this matter?In terms of filling the notice to oppose?
Submitted: 4 months ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 4 months ago.

Hi there

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.

No, it is not a requirement that you MUST surrender the car. If you refuse the suggestion/invitation, the creditor will have to issue summons against you and if he manages to get judgment against the client/debtor, then he can lay claim on the car by way of a warrant of execution.

The summons should be served on the client and he will have to opportunity to defend (oppose) it.

I hope this answered your question.

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Regards

Expert:  Freddie Lombard replied 3 months ago.

Did you receive my post?