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Civil Litigation & Debt Collection
In the event where more than one adjudication forum has concurrent jurisdiction, the Plaintiff is of course at liberty to proceed with the forum of their choice.
For example, where there is a dispute with regards to a contract, the Court under whose jurisdiction such contract was concluded and the Court under whose jurisdiction the Defendant is domiciled, both retain jurisdiction. Under these circumstances the Plaintiff will proceed with either of the two Courts.
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Amid the government’s efforts to contain the virus whilst ensuring the economy is kept on its feet, there has been talk on whether the strict enforcement of such efforts may encroach on constitutional rights unjustifiably in a democratic society.
While it is possible for a claimant to claim directly from the Road Accident Fund on their own, using an attorney has advantages that far outweigh trying to claim on your own.
In most instances the reason why claimants choose to try and claim alone is to avoid paying substantial amounts in fees to the attorney. However, this article will attempt to weigh up the benefits of using an attorney in claiming from the Road Accident Fund as opposed to a claimant trying to claim alone.
It is not all Road Accident Fund claims that are successful, owing to shortfalls in the technical and legal aspects pertaining to the lodged claims. This happens mostly because many claimants will be lost in the excitement of anticipating a lump sum and not putting pen to paper on the important aspects and requirements that must be satisfied before lodging a claim.
Service providers sometimes see it necessary and in best interest to request consumers to provide guarantees of payment towards service accounts. Such measures are necessary to forestall and compensate for any default in payment of accounts so that business continuity and viability is not affected.
It is mandatory for community schemes to pay CSOS levies as per the regulations of the CSOS Act. These levies are calculated based on the individual levies collected from unit owners.
There is often conflict when there is shared responsibility for land and building and, the CSOS aims to manage operations and provide efficient and cost-effective methods for dispute resolution within community schemes.
Part of managing and maintaining a section title scheme is collecting levies from the owners on a monthly basis. It’s important to have strategies in place that can help prevent owners from falling behind on more than one payment.
Debt review works on a timeline that guides consumers, credit providers and attorneys as well as debt counsellors. However, when the 21-day lockdown was announced, the question arose as to whether the days spent in lockdown will count as normal working days or not?
Our courts have certain requirements with regards to debt collection in South Africa. These can be broken down into different stages. In this article our attorneys explain the nine stages for you.
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