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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1350
Experience:  BLC LLB (Pret) LLM (Augsburg)
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I started a truck export business in 2007 and shipped 8

Customer Question

I started a truck export business in 2007 and shipped 8 class 8 trucks to south Africa to be sold in neighboring countries my business partner lived in south Africa and his address was listed on the shipping documents, the trucks were impounded because the steering wheel was on the left side and because there was a south African address on the documents they seized my trucks and wanted a large bribe to release them is it to late to pursue legal action I have been paying the loan that I took since 2007 and it is causing me financial hardship
JA: What state is this in? And how old is the truck?
Customer: i am in Virginia the trucks were shipped to Durban south Africa 8 trucks
JA: Has anything been filed or reported?
Customer: i tried with a soth African business rep who told me not topay the bribe
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 6 months ago.
Category: South Africa Law
Expert:  Barend B. replied 6 months ago.

Good day,

Usually a civil debt becomes prescribed after 3 years. But the Supreme Court of Appeals has ruled that a claim under the rei vindicatio (repossession of your property) is not a "debt" under the Prescription Act, which prescribes after 3 years. You should therefore appoint a South African attorney to institute proceedings on your behalf to repossess your trucks. You will probably have to pay storage fees. You will also probably have to explain why you took so long to take action. Hopefully Customs did not dispose of the trucks already. A claim for compensation will be a debt that prescribed after 3 years.

Regards,

BB

Expert:  Barend B. replied 6 months ago.

Good day,

If you are satisfied with my answer, kindly give me a rating. If you're not satisfied, kindly let me know and maybe I can clear up the issues you might have with my answer.

Regards,

BB