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Mike Otis
Mike Otis, Legal Advisor
Category: South Africa Law
Satisfied Customers: 2161
Experience:  B.Comm; LL.B; LL.M.
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I am an owner of a flat and have defaulted my levy,and then

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I am an owner of a flat and have defaulted my levy,and then paid them.The body corporate sends summoneds vial email to me after i have made two payments.

They want me to pay the legal fees.Am i liable even though i paid before summones were drafted in court.
Welcome, and thank you for your question.

Bear in mind that the rules of the complex may provide for late payment penalties and/or interest to be charged. However, a summons that is delivered by email is not a validly served summons and therefore, you cannot be held liable for the costs thereof.

Yours faithfully
Customer: replied 3 years ago.


Is there a need for me to get a laywer or should i go to court.

It might be a good idea to just take the summons to your attorney for him to check it. Otherwise, I'd be happy to check it for you if can upload it.

If the body corporate persists with its claim for legal fees, it would be advisable to instruct an attorney to represent you.

Yours faithfully
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