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Ask WCLawyer Your Own Question
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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My husband lost s job a year ago and I have been unable to

Customer Question

My husband lost his job a year ago and I have been unable to pay my debts. I now have the debt collectors wanting to issue judgement against me for non payment. We have lost our house and cars and have been living with family and friends so don't have anything left. Needless to say, they do not know where we are living now. I am still employed but my salary goes to the running of the home, we have 4 children. The debt collectors are saying that once they have received judgement against me, they can issue an interdict against my home and if the interdict is not fulfilled, I will be in contempt of court for which I can be arrested. Is this true? What must I do now?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.

Good morning

Do you mean a warrant for execution against your property?

Customer: replied 1 year ago.
Expert:  WCLawyer replied 1 year ago.

Just to confirm, at the moment you have no movable property to speak of where you currently reside?

Customer: replied 1 year ago.
We have our beds but nothing else.
Expert:  WCLawyer replied 1 year ago.

Okay. I think what they are trying to say is that they are going to issue a writ of execution against your property. Since you have nothing, they can attach nothing. They cannot attach the assets of someone else for your debt either. So, your friends' assets is safe from attachment.

Once they establish they cannot attach any goods, they may issue what is called a section 65 notice. What this is, is a notice that will call you to come to court and provide information pertaining to your financial situation. In that instance, once the notice is served on you, and you do not go to court, then they may issue a warrant for arrest against you for not complying with a court order. Non-compliance being you did not attend court when you were ordered to attend court.

I hope that makes more sense.