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Shaie Zindel
Shaie Zindel, Attorney
Category: South Africa Law
Satisfied Customers: 1248
Experience:  All areas of commercial and contract Law - specialist in property advice.
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I received an Attachment Order for my Property but never received

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I received an Attachment Order for my Property but never received a Summons to appear in Court. The Summons was delivered to an old address.The Bank had my new address and have corresponded to my present address before the Summons. What is strange is that the Attachment order was delivered to my present address but not the Summons to Appear in Court. The Summons was delivered to the New Owner of a property that I have sold in 2010. This happened in July 2013 and I only got to know of that on 6 November 2013 when the attachment order was delivered. Was the Court Order given legal and binding ? I have submitted an e-mail to the Bank's Attorneys who have not responded. Can the Court Order be set aside because of the Summons not being delivered to me personally as the Bank have had notice of my actual address ?
Hi There - you need to move quickly!!! The bank would have served the summons at the address you selected under the clause Domicilium Citandi Et Executandi which means they can serve the summons whether you are present or not. What I cant understand is that if the property was sold surely the bond would have been cancelled so how can you owe them money on a bond that shouldn't exist???
Customer: replied 3 years ago.

The attachment order and summons was for the new property that I bought in another town after I sold the previous property where they delivered the Summons. How can I appear in Court and defend the matter if I never knew about the summons ? Is there now Law also under the National Credit Act that prescribes that a person must be Summonsed personally, I mean this is not a speed fine but a large amount and valuable property is involved ?

Hi Johan - I know its ridiculous but that's how it works - the S129 Notice in terms of the NCA and the summons would have been delivered to that old address. You are entitled to apply for a rescission of judgment if you can show that 1. You were not in wilful default i.e. the Summons never came to your attention and 2. You have a bona fide defence - this is where you may have a problem! If I were you I would get an attorney on board quickly to write to the bank and banks attorneys to make arrangements before the house is put up for sale by the Sheriff.
Customer: replied 3 years ago.

I have an arrangement with the Bank that they will not Auction the property as long as I continue with the monthly agreed repayments. In terms of the NCA I may re-take possession of the house if the arrear amounts are paid, is this correct ?

100% correct BUT please make sure you get confirmation of this in writing!!! Your problem now is that there is a judgment against your name. Arrange with your bank that once the arrears are paid that they abandon the judgment.
Customer: replied 3 years ago.

Thanks, XXXXX XXXXX solution is to get the arrears paid up asap. Have a good day I will do the rating.

Thanks have a good day and good luck!
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