Debt

February 5, 2018

Don’t lose your claim to prescription – Know the law!

 “Ignorantia iuris nocet” (old Roman proverb meaning “Not knowing the law is harmful”) Most of us know how important it is to sue our debtors well […]
November 8, 2017

Creditors and debtors: Important new prescription judgment

“Running into debt isn’t so bad. It’s running into creditors that hurts” (Unknown) Debts prescribe (become uncollectable) after a specified period of time – 3 years […]
September 11, 2017

Purchasers are no longer a target for historical municipal property debts

On 29 August 2017 the Constitutional Court, through Judge Edwin Cameron, handed down a unanimous judgement in the matter of Jordaan v Tshwane Municipality. In terms […]
May 9, 2017

CREDITORS: YOUR SPECIAL NOTARIAL BOND IS GOOD FOR 30 YEARS

Some good news for creditors here – the SCA (Supreme Court of Appeal) has just held that a 30 year prescription period applies to special notarial […]
February 2, 2016

COULD YOUR PROPERTY DEBTS BE CANCELLED?

 “How, on these figures, an employee of the bank could conclude that the farming may prove to be successful, is beyond me. It seems that money […]
August 5, 2015

GARNISHEE ORDERS: ARE 2 MILLION OF THEM NOW INVALID?

An action plan for employers, creditors and debtors. “The ability of people to earn an income and support themselves and their families is central to the […]
July 7, 2015

MORTGAGES AND SECURITISATIONS: CRUCIAL NEWS FROM GRAHAMSTOWN

Securitisation is becoming a huge issue all around the world. A case currently in front of the Grahamstown court has highlighted this practice among banks in […]
March 12, 2015

HOME OWNERS ASSOCIATIONS: ARE YOU STILL AT RISK ON INSOLVENCY?

Here’s a scenario that is unfortunately a real risk these days – You are a member of a Home Owners Association (HOA), Your HOA is struggling […]
January 13, 2015

BEWARE PRESCRIPTION: THE TALE OF THE “WATERTIGHT CASE” THAT DIED A SAD AND SUDDEN DEATH

“Sad is the day when a party with a watertight case comes to court and he is stopped in his tracks by a sudden death due […]
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