When does a civil case prescribe?
Within 3 years of becoming due and payable. Regard needs to be had to the specific act in any specific case for time limits on demand and inform the defendant of possible litigation before summons.
If I have a motor vehicle accident, what happens if I or the other party is not insured?
Summons can be issued for the damages. The matter will then proceed in accordance with the normal civil procedure. Each party will have to prove their damages.
If money is owed to a person, can you attach such person’s assets?
Yes only after judgment is obtained.
Does outstanding debt to firms/private persons prescribe, and if so how many years before it prescribes?
Within 3 years of becoming due and payable.
If a property is rented out by the owner of a house and the Tenant is behind with the rent, do you have a retention right as the owner of the property and the tenant is threatening to move out? What can the owner do?
Obtain an automatic rental interdict by issuing a summons, or
Obtain a court order to retain the property of the tenant. Please note that property can only be attached/retained after a court order is obtained.
When vehicle payments are behind, can the bank reposes
the vehicle back?
Yes, normally the process starts after 3 missed payments.
Outstanding school fees (government schools) – Does outstanding school fees prescribe?
Outstanding school fees only prescribe after 30 years.
Land claims – Do land claims prescribe, and if so how many years before it prescribes?
Lawful land claims prescribe after 30 years.
How do I obtain a protection order for domestic violence?
The relevant application form needs to be completed by the applicant and same should be lodged at the domestic violence court.
Which court would I need to approach to obtain a protection order?
Your nearest Magistrate’s Court will have jurisdiction to issue the order.