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South Africa Law
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Answered in 10 hours by:
12/2/2017
Christiaan K
Category: South Africa Law
Satisfied Customers: 180
Experience: Attorney & Director at Lombard Kotze Incorporated
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Customer reply replied 1 month ago
The summons was NOT issued to the CC but the sole member of the cc?I was wondering if you could comment on the following?In 2009 I am personally summonsed NOT the Closed Corporation.
In 2009 I survive a summary judgement and we go to court in 2012.Costs are awarded to me and we go to the actual trial in 2014 after 2012 adjournment.
Absolution Judgment is lost for me
.
In next trial is in 2016 and last trial date and judgement is 2017.It is ascertained in 2014 that the closed corporation has lapsed via (CIPRO).A) Does a closed corporation that has lapsed have any rights? Like an estate of a legal person?
B) The cc is never summonsed or has a trial - at all?In 2017 the judge says that in any event I am liable for the cc's debts - but the CC has never had a trial to defend itself?It goes without saying that the prescription period FOR THE CC would be 2009+3 years = 2012?
Has the claim against the cc - which was never summonsed or had a trial to defend, not proscribed?It is certainly beyond the prescription period now - due to the plaintiff actions of suing the sole member.The judge is saying that as the CC was deregistered that the solemember should now pay even after the CC was never summonsed and EIGHT years have passed since they incorrectly sued the sole member personally.The process seems excipiable as the CC has not had a chance to defend itself?
Have I explained this correctly? Does it make sense?

A) If the CC is deregistered while having outstanding debt, the members incur personal liability and can be sued in their personal capacity. The CC has no standing until it is re-registered.

B) From what you say, it sounds like the claim would have become prescribed as against the CC. You have explained adequately but it seems so bizarre that one would have to look at all the pleadings and read the judgment to understand exactly what happened. If the CC was deregistered at the time you were sued, then everything seems fine, provided that the claim was set out properly in the summons.

I am afraid that without all the info and pleadings, nobody would be able to guess what exactly happened and what, if anything, can be done to remedy the situation.

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 1 month ago

Hi. Thanks for everything so FAR. 1) TheJustAnswer's RATING service is not working!!! at all. PLEASE notify them as I have? I have a deadline FOR MONDAY afternoon 3 PM to get a leave to appeal Judgement. THis is a FRAUD case disguised as a comercial matter. This has thrown the acting JUDGE TOTALLY. Can we communicate without the dreaded JUST ANSWER interface as it is not working well this weeekend? Can I answer via email for the time being? Regards ***** *****

Customer reply replied 1 month ago
This is VASTLY different to Boland Bank vs Mouton. The CC was NOT sued in 2008. The defendant was.
The CC was NOT deregistered in 2009 when the Summons was issued against the defendant.They did NOT sue the cc in 2010.How can a court action be against a company when it was registered - and DID not have a chance to defend itself?
Not Boland bank vs Mouton AT ALL.How can the debts of the CC become liable to the members - when they were not sued as the CC - when it was registered.
EIGHT years later, the judge says that the members must pay?Your rating system of JustAnswer is not working well.
I hope the high rating shows up.
Thank you.

I can discuss the matter with you on email if you want or we can even have a telephonic discussion tomorrow morning if you want.

If you are unable to rate my service, simply respond by stating that the service was good, satisfactory, or bad etc.

I will now make an additional services offer which would enable us to contact outside of the interface.

Regards

Christiaan K
Category: South Africa Law
Satisfied Customers: 180
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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Customer reply replied 1 month ago
I am interested.
Due to the time period?
How much is the premium telephone service cost?
What questions do I need to be primed with to do an email or voice call?
Customer reply replied 1 month ago

Thanks for everything Christiaan. Council has told me I have misread the Judgement. She is NOT saying that I am liable because the cc de-registered during the eight year court action. I can thus do the appeal on the merits of the judgement. Thank you for your service. The 5 star thing does not work well from my email. Regards ***** *****

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Christiaan K
Christiaan K
Christiaan K
Category: South Africa Law
Satisfied Customers: 180
180 Satisfied Customers
Experience: Attorney & Director at Lombard Kotze Incorporated

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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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