What is a writ of execution in South Africa?

Foreign judgments

Once judgment is obtained, the judgment creditor is entitled to attach and to sell the debtor's property (whether movable, immovable or incorporeal). This is done by obtaining a writ of execution, which is issued by the court and which will be enforced by service of it by a sheriff of the court.

What is the meaning of writ execution?

noun [ C ] plural writs of execution. LAW. a court order that gives an official the right to do something such as take a person's property in order to pay someone the money that person owes them: If a defendant refuses to pay damages, the judgment can be enforced by issuing a writ of execution.

What is an example of writ of execution?

In short, it is the amount that a court will order one party to pay another party. For example, in Tabie's case it would be the judgment the other woman won in court to recover medical costs and payment for pain and suffering.

What is the difference between a writ and a warrant of execution?

The process of execution takes the form of a warrant or writ of execution. The terms warrant and write are used indiscriminately, but warrant usually connotes a warrant of arrest while a writ is used for the attachment of goods. The word writ is commonly used in the Supreme Court.

Is a writ of execution a court order?

In such a case, a writ of execution – a form of order of the court – is not usually issued. Once the writ has been issued, its terms must be carried out immediately or as soon as possible.

What is WRIT OF EXECUTION? What does WRIT OF EXECUTION mean? WRIT OF EXECUTION meaning

How long does it take for a writ of execution?

a) The Officer may, upon his/her initiative or upon motion of any interested party, issue a writ of execution on a judgment rendered within five (5) years from the date it became final and executory. b) A final and executory judgment may be executed on motion within five (5) years from the date of its entry.

How long is a writ valid for?

(3) Subject to paragraph (4), for the purposes of execution, a writ or warrant will be valid for the period of 12 months beginning with the date of its issue. (4) The court may extend the relevant writ or warrant from time to time for a period of 12 months at any one time.

How long is a warrant of execution valid for in South Africa?

[15] Rule 66(2) provide that the time limit within which execution of a writ issued by the Registrar is to be concluded is 30 years.

What happens after warrant of execution?

A warrant of execution is issued at court which allows the sheriff to attach movable property. The sheriff will then make an inventory that reflects the goods that are under attachment and valuation. The sheriff is then instructed to remove the attached goods and to arrange a sale in execution.

Can a writ of execution be quashed?

A writ of execution may thus be quashed when it appears that it has been improvidently issued, or that it is defective in substance, or is issued against the wrong party, or that the judgment debt has been paid, or when the writ has been issued without authority, etc.

What is meant by term writ?

The term writ refers to a formal, legal document that orders a person or entity to perform or to cease performing a specific action or deed. Writs are drafted by judges, courts, or other entities that have administrative or judicial jurisdiction.

What are execution proceedings?

The sanctity of a decree or an order is upheld only when it is enforced appropriately. In legal terms, getting the judgement into force is called Execution of Decree or Order. The process whereby such execution is carried out is generally called execution proceedings.

What is a legal writ?

A writ is an order issued by a legal authority with administrative or juridicial powers, typically a court. See Writ of certiorari, Writ of error, Writ of habeas corpus, Writ of mandamus. courts.

What is judgment execution?

Execution of Judgment:

Execution refers to an official document that directs a sheriff to take possession of a judgment debtor's property so that it either (a) may be turned over to the judgment creditor or (b) may be sold at public sale so that the proceeds may be turned over to the judgment creditor.

How do you stop a writ of execution in PA?

The most effective way to stop a writ of execution is to ask the Judgment Creditor to stop it. The sheriff will often back off if the parties are working to resolve the judgment.

What is a special execution?

A special execution is process upon which a sale of property is had which has already been levied upon by writ of attachment and is in the custody of the law.

How long does a warrant of execution last?

Therefore, the date of reissue of a warrant of execution would not avoid execution once the three-year period from the date of judgment elapsed.

What can the sheriff take South Africa?

When executing duties with a legal court order the Sheriff can: Enter your premises, even when you're not there. Open any door, vehicle or piece of furniture on your premises. Attach, remove and sell your vehicle, furniture and moveable or immovable property.

How long is a summons valid for in South Africa?

The Rules of Court no longer provide for a period until a summons will lapse. Previously, a summons would lapse after 12 months since date of issue, or having been served, the Plaintiff has not taken further steps in prosecution.

How long does a writ of execution last 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 happens to a judgement after 5 years in South Africa?

A judgment will remain on your credit report for 5 years, and if left unpaid, you will be legally liable for this debt over the next 30 years, even if the credit provider decides not to further pursue the debt.

How long is a default judgment valid for in South Africa?

A judgment is granted by the court when legal summons is issued and you fail to defend the summons or make payment of the amount claimed. A judgment remains on your credit record for 5 years or until it is paid in full or a rescission is granted by the courts.

Who can issue a writ?

The Supreme Court or High Court can issue this writ against both private and public authorities.

Does a writ have to be signed?

Does a warrant have to be signed by a judge? The bailiff will need to provide you with evidence of your debt and the warrant with a signature and date on it. Sometimes the enforcement agent will show a 'High Court 'Writ' instead. The law allows bailiffs to show you the warrant of control in hard copy or on a device.

What is a writ on a house?

A writ of seizure and sale is a drastic step taken by a lender or creditor to recoup some of the money that was lent to the borrower for the property. A writ of seizure and sale can occur when a borrower defaults on a mortgage, and as a result, the loan goes into foreclosure.