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Civil Litigation and Debt Collection
Struggling to get your Fidelity Fund Certificate from the PPRA? Learn your rights, risks, and how VDM Attorneys can compel action to protect your commission.
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Can estate agents earn commission without a Fidelity Fund Certificate? The law says no - learn why valid FFCs are critical for protecting commission rights.
Joint mandates, “effective cause,” and double commission - how landlords, agents and buyers can avoid costly disputes. Summary of Remax vs Kapstadt case.
A judgment in South Africa confirms the debt and carries significant consequences for the debtor’s credit record, but without enforcement it remains little more than paper. The law provides a suite of mechanisms — from writs of execution to garnishee orders and sequestration — to turn a judgment into real recovery.
Once a debt prescribes, the creditor loses the right to sue for it. But prescription is not automatic: if the debtor does not raise it as a defence, the court may still grant judgment. That is why both creditors and debtors need to understand exactly how long it takes for debt to prescribe, what interrupts the clock, and what rights remain once time has run out.
In South Africa, once goods or services have been delivered, the invoice becomes a legally enforceable debt. If a client refuses to pay, the question is no longer whether you are owed the money, but how to recover it lawfully and effectively.
An urgent court application is a procedure that asks the court to hear a matter sooner than the ordinary timetable allows. It exists to prevent harm that would occur if the case followed standard timeframes. Instead of weeks for notice and exchange of papers, the matter can be placed before a judge within days — or even hours — if the circumstances demand it.
Attorneys are officers of the court. This status gives them exclusive authority to issue summons, prepare pleadings, and appear in court on behalf of clients. When an attorney institutes proceedings, the debtor cannot sidestep the process; they are compelled to respond within fixed timeframes.
A claim for unpaid rent, for example, is unlikely to be heard in the same forum as a constitutional challenge or a multi-million rand commercial dispute. The choice between the High Court and the Magistrate’s Court shapes the speed of the proceedings, the costs involved, and even whether the court has the power to grant the relief you seek.
Civil litigation refers to the legal process used to resolve disputes between private parties through the courts. A civil case definition is straightforward: it is any lawsuit where one party (the plaintiff) brings a claim against another party (the defendant) to enforce a right, recover damages, or obtain specific relief.
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