Legal advice needed...

Discussion in 'The Sump' started by leslie hempel, 29 Jul 2008.

  1. leslie hempel

    leslie hempel Moderator MASA Contributor

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    hey guys i have an issue that has arisen after nearly 10 years and need some advice.

    when i was 16 i was skateboarding inthe road facing oncoming traffic and heard a hooter blaring behind me.. i wasnear the middle of the road and started proceeding to the edge i still heard the hooter and turned to be struck by the car...

    long story sumuraised the case went to court in 1999 and i lost even though the guy hit me on the wrong side of the road... i was never presented with the other partys claim and pd my lawyer monthly and finally settled the account.

    about 2 weeks ago i recieved a call from the oposing sides attorneys saying that i owe them a sum of R6000 odd rand.

    my question is

    can this really still be valid? to my knowledge any debt not activley persued or by being corresponded about is forfeited after 3 years..

    any input and advice is welcome...
     
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  3. Shaun

    Shaun Retired Moderator

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    As far as I know if they have not contacted you or you have not payed anything in 3 years then they have no leg to stand on.

    Their are big things going on about lawyers buying bad debt and then harassing people to get them paid.
     
  4. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    mmmm the chick over the phone said that the files had been handed for her to archive and she came across my file... hows that for shit luck... but i have heard about the 3 year rule before...
     
  5. Shaun

    Shaun Retired Moderator

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    Think they are just trying their luck. Just don't pay anything until your 100% sure you have to pay. Ones you have done 1 payment then you will be liable for the rest. Plus Interest.
     
  6. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    shot for the advice..
     
  7. Shaun

    Shaun Retired Moderator

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    Oh I am know lawyer, just what I have heard on Cart Blanche and that consumer program on ECR.
     
  8. jacquesb

    jacquesb Retired Moderator

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    Leslie - neither am I a laywer - and best bet would be to talk to one. BUT here's my input (as I just LOVE the law - I nearly nearly became a lawyer when I was fresh from school). I also used to do IT work for advocates in the High Court (CPT).

    I would do the following if it was I:
    - ask for all proof in paper (copies of EVERYTHING) where they can say that you owe them money
    - ask them for a document signed by you, where you agreed that you would pay THEM money
    - alternatively, ask for the court order where the judge decided that you should pay the money

    Once you have all this information, contact a lawyer. Use the internet - have you heard of "pro-bono" law jobs? There are indeed SOME lawyers in South Africa that is prepared to do work on this basis. Where they only get paid once they win the case.

    I belong to "LegalWise" - I pay +-R85 per month, and have access to unlimited telephonic legal support, as well as a once yearly face-to-face legal consultation.
    Perhaps it might be worth it to investigate something like this?

    Good luck mate.
     
  9. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    thank you for your efforts jaques spoke to a lawyer and got my HR lady to fax me copys of the documents.. got a cout date on the 28th Aug... so not impressed.. the amount is now almost 12k.... they did try to reach me in 2006 but i dident get it.. and judgement was made in 2000... so im sure the 3 year debt write off applies.. but i do have [​IMG] luck when it comes to these things.... will keep you posted shot for the support i need it.
    __________________
     
  10. jacquesb

    jacquesb Retired Moderator

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    Sorry to hear - and good luck man. Perhaps it's a good thing that it's going to court. Perhaps you could somehow get the whole thing reversed? ;-) That would be GOOD LUCK upon "bad luck" ;-)
     
  11. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    lets hope so...
     
  12. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    updates i have spoken to 2 laywers today and apparently i have a judgement against me? nice thing to find out you would have thought they would have told me..

    im pretty screwed the amount is almost 12k and my options are

    1) throw R1500 at it and to go to court to try to recind the judgement, try the case again.. no gaurantee of outcome...

    2) comence with paying off the amount but the judgement will stand untill 3 years after i have finished paying...

    3) try settle at approx half by offering a once off lumpsum payment..

    things that scare me...

    them coming to attach my stuff.... bye bye fishtank..

    any advice will be apprecited.
     
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