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I am being sued by my ex with regards to his claim of

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Goodmorning. I am being...

Goodmorning. I am being sued by my ex with regards ***** ***** claim of wrongful arrest in breach of a protection order I have from 2014. What is the legal time frame which one has to log a wrongful arrest claim against someone? there is a term for it...starts with a P?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

KZN and I got the summons yesterday. I have filed a motion to defend at pinetown magistrates and served his "lawyer" myself today. His claims are completely rubbish but I have to defend or stand to pay him a ridiculous amount. Can I counter claim?

Lawyer's Assistant: Has anything been filed or reported?

By me yes, over 4 years. I have two cases at my local police station and one is open at the moment. He has just had a case dismissed in high court with regards ***** ***** alienation and my daughter who is ten does not have to go to him now. The day it was dismissed (he lost) he filed this claim for damages against me.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, thanks so much

Submitted: 11 months ago.Category: South Africa Law
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Answered in 9 minutes by:
9/21/2017
Lawyer: Freddie Lombard, Attorney replied 11 months ago
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
Experience: Practicing attorney and conveyancer with 16 years post article experience.
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Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.

Regards

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Lawyer: Freddie Lombard, Attorney replied 11 months ago

The term you are thinking of is Prescription.

A debt becomes extinguished by prescription in terms of the Prescription Act after three years. Prescription starts to run as soon as soon as the debt becomes due. A debt shall not be considered to become due until the creditor (your ex) has knowledge of the identity of the debtor (you) AND the facts from which the debt arose.

Now, in your case, if he claims for wrongful arrest, the date that prescription would start to run, would be the date of the arrest because (if the arrest was wrongful) your ex would be aware of the wrongfulness of the arrest as soon as he is arrested (and he certainly is aware of your identity).

Regarding your "counterclaim" - what do you want to claim?

I do suggest that you get an attorney to defend the matter on your behalf and to help you draft a Plea. This is not a simple matter and you will most likely not be equipped to defend this claim by yourself.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further questions here on this topic at no extra cost if you need more information.

Regards

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Lawyer: Freddie Lombard, Attorney replied 10 months ago

Good morning,

This is just a quick note to follow up. Did you find my answer helpful? Is there anything else I can assist you with before you rate the service? Please note that I do not get paid if you do not rate.

Regards

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