What is a Section 65 Enquiry?

Section 65 hearings are in essence an enquiry into the financial position of the judgement debtor. In the hearing the judgement debtor, under oath, presents oral evidence as to their financial position. The Attorney of the judgement creditor is then afforded the opportunity to cross-examine the judgement debtor.

What is a CCJ South Africa?

A certified copy of judgment (CCJ) is issued by the registrar or clerk of the court. where judgment was granted to enable execution proceedings to commence in. another court.

What is the meaning of Judgement debtor?

Legal Definition of judgment debtor

: one who is obligated to pay a debt or damages in accordance with a judgment entered by a court.

What is a Section 58 in South Africa?

The effect of the judgment is that subject to a number of evidentiary and procedural matters, a Section 58 consent to judgment can be enforced notwithstanding the NCA. In reaching that decision, the court has also given direction as to the form a Section 129 notice should take.

What is a Rule 58 in divorce?

Rule 58 provides that orders may be granted in matrimonial matters in respect of the following – interim maintenance; a contribution towards the costs of a pending matrimonial action; interim care of any child; or. interim contact with any child.

Inquiry by the Registrar

How long do you have to file a notice of intention to defend?

action, a notice of intention to defend must be filed within 10 days from receipt of the summons. Thereafter, unless summary judgment is applied for, a plea must be filed within 20 days after a notice of intention to defend has been filed.

What is the difference between Judgement creditor and judgement debtor?

Judgment Creditor- this is the party entitled to a sum of money in any given judgement. This party is known as the Garnishor. Judgment Debtor- this is the party expected to pay the Judgment Creditor a specified sum of money based on a given judgement. Third Party- this party owes the Judgment Debtor a sum of money.

Who is judgement debtor under CPC?

A person who is liable to pay a debt or damages to the judgment creditor in accordance with a judgment entered by a court against him, is called Judgment debtor. In simple terms, a person against whom a judgment in respect of monetary award has been obtained, is regarded as Judgment Debtor.

How decree is executed?

A decree can be executed by various modes which include delivery of possession, arrest, and detention of the judgment-debtor, attachment of the property, by sale, by appointment of receiver, partition, cross-decrees, and cross-claims, payment of money etc.

Which documents must accompany the application for the section 65 a notice?

What can the sheriff take South Africa?

Whether or not a person is present when executing orders that require the sheriff, they can: ove any door, vehicle or piece of furniture on your premises. The Sheriff can attach, remove and sell your automobile, furniture, movable or immovable properties, as long as it is secure.

Does a court order expire in South Africa?

Limitation period. Three years after a judgment expires, no writ of execution can be issued unless the debtor consents or unless the judgment is revived by the court on notice to the debtor (in which case no new proof of the debt is required) (Rule 66, Uniform Rules of Court).

What is the time limit for execution of decree?

The maximum period of limitation for the execution of a decree or order is 12 years from the date when the decree or order became enforceable, which is usually the date of the decree or order.

What happens when a decree is granted?

A decree is a formal order from the court saying you must pay money to a creditor. If the court issues a decree and you have been given time to pay, your creditor can take action to recover their money.

Who Cannot apply for execution of decree?

2. Who cannot apply? A person who is neither a decree holder nor has a right to execute a decree cannot apply.

What is difference between order and judgement?

The Code of Civil Procedure, 1908 defined both decree and order. While a decree deals with the adjudication, suits, rights of the parties and a formal expression, an order may or may not clearly ascertain the rights of the parties to the suit. Judgements are the final decisions of the court.

Can two final decree be passed in a suit?

A decree may be partly preliminary and partly final. It is settled law that there can be more than one preliminary decrees in a suit. Similarly, there can be more than one final decrees in a suit.

Can a warrant be issued in civil case?

Normally, a warrant cannot be issued against the defendant; A defendant may or may not appear in obedience to the summons issued in a civil suit but the court has no power generally to compel his appearance; It is for the defendant to protect his interest in a civil case.

What happens if I can't pay a Judgement?

Most credit card debt is "unsecured," meaning it is not backed by property such as a home or car. But after a judgement ruling, the creditor can take steps to seize part of your salary, freeze your bank account, or even haul away your belongings.

What happens after a Judgement is entered against you?

Eventually, it goes to a collection agency. When all else fails, the matter is turned over to a lawyer. That lawyer files a lawsuit and gets a judgment against you for the specific purpose of getting you to make payments. The judgment becomes a matter of public record, and is indexed with the clerk of the court.

What happens when you sue someone with no money?

The court may order the sale of assets to pay a judgment against them. Their wages may also be garnished until the judgment is paid. It can be difficult to enforce these methods though, and they are often time-consuming. It can take years to receive the amount due you because the payments made may be small.

What comes after a notice of intention to defend?

After the defendant has served a notice of intention to defend, it must serve a plea (a formal statement of its defence) within 20 court days. If the defendant does not plead with sufficient particularity, the claimant can apply to court for an order directing the defendant to do so.

What happens if the defendant fails to appear in court?

If the defendant is an individual who fails to appear ¹⁰ the court may: proceed in the defendant's absence; or. adjourn and issue a warrant for the defendant's arrest.

How long does a defendant have to answer a complaint?

The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete. If the defendant fails to respond he or she is in default and plaintiff may be able to obtain a default judgment against the defendant.

Can a decree be execution after 12 years?

48 is now embodied in Article 136 which provided for 12 years period of limitation for the execution of a decree, but the starting point must be determined with reference to the express language of Article 136 which says "when the decree becomes enforceable".