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Thought I was chatting to Tina, anyways let's see how this…

Thought I was chatting to...
Thought I was chatting to Tina, anyways let's see how this goes first time around... Got a section 65(1) to appear on December 5, debt is from 2012 when I got divorced in high-court and involves bill from lawyers from my ex-wife... Have a few questions that I'd like to get answered here:1) Should I approach them with a much better monthly amount and that way prevent court..? So far I was only paying R1000 p/m and bill has gone up from R260K to R466K now...
2) I'm not employed but contracting at 1 place currently, surely they can't do a a Garnishee Order or a Emoluments attachment order?
3) Just bought a R260K car via Wesbank a few weeks ago, can the judge allow them to attached my car..?Will have a few more questions but let's see what I can learn from an expert here so far.
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Answered in 17 hours by:
11/19/2017
Christiaan K
Category: South Africa Law
Satisfied Customers: 229
Experience: Attorney & Director at Lombard Kotze Incorporated
Verified

Thank you for your question. I will try to assist you in answering ittoday but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

1. You can always try that but seeing as the amount of debt is such a huge amount, they might expect a substantial amount from you. Having said that, the court will never order you to pay more than what you can genuinely aford to pay. The reason for the Section 65 notice is likely to find out if you have any assets that they can sell in auction to recover the money;

2. They can do a garnishee order on any amount due and owing to you. They can only do an emoluments attachment order if you receive fixed salary from an employer;

Yes, that is one of the reasons for a section 65 enquiry. To find out if you have assets to sell or money to pay with.,

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 question here on this topic at no extra cost if you need more information.

Regards

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Customer reply replied 9 months ago
Are you saying they can do a garnishee on all my future monthly contracting payments (amounts fluctuate depending on days worked) and if so, what % am I looking at then..? What I’m really after here is a strategy, I don’t mind paying more p/m but I really want to make sure I can keep my car. I can’t see your profile to see what type of law you practice but let me know if it’s worth having a phone call next..?

They can do a garnishee on any amount owed to you. It will then be up to you to go back to court on the return date to show how much you need to sustain yourself with.

You are welcome to have a telephonic conversation with me. I have a general practice and the area we are talking about is debt collection.

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You can simply request additional service on the site in the form of a telephonic consultation and I will give you a call.

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Customer reply replied 8 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 8 months ago
A call is still a bit pricey, R600 would work though.. So final question is again on the car, surely Wesbank will never cooperate in getting the car attached and sold? I only made 1 (from 72) installment so far?Thanks

No, they will most likely not allow the car to be sold by another creditor.

Please remember to rate my service.

Regards

Christiaan K
Category: South Africa Law
Satisfied Customers: 229
Experience: Attorney & Director at Lombard Kotze Incorporated
Verified
Christiaan K and 87 other South Africa Law Specialists are ready to help you
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Thank you for the positive rating.

If you need my assistance again infuture, you may request me personally at: http://www.justanswer.com/law/expert-Attorneyza/

Regards

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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