WHAT exactly is a warrant of execution?
One day, Sipho got a call from a sheriff of the court, asking him when he would be home.
Sipho asked him why he wanted to know this, and the sheriff explained he had a warrant of execution to serve against Sipho.
He said it was because Sipho hadn’t paid back a bank loan.
When the sheriff came and Sipho looked at their documents, he realised the bank had sued the wrong person.
Azikhiphi!
Not sure what a warrant of execution is, or what to do, Sipho decided to seek legal help as a Scorpion member.
What does the law say?
A warrant of execution is a court order that authorises the sheriff to take property from a debtor (someone who owes money) to pay their debt.
It can be made to take your moveable property (car), salary or even unmovable property (like a house). The order can be stopped if you show the court good reasons.
Types of warrants of execution
There is more than one way a creditor (someone who is owed money) can apply to get their money back:
- Warrant of execution against movable property – allows the sheriff to take moveable goods from the debtor, so they can be sold at an auction.
- The Section 65 proceedings and the emoluments attachment order – this is done by the magistrates court, so the court and the creditor can look at your finances.
If you are employed, the court will probably grant an emoluments attachment order to tell your employer to pay instalments from your salary until your debt is paid off.
- Garnishee order – this looks at all your monies like investments and cash in the bank, to see how they can effectively be used to pay off your debt.
- Warrant of execution against unmovable property – this would only be considered if the three options above cannot be done.
WHAT can Sipho do?
If Sipho has a good reason, he can apply to the court to put the proceeding on hold for him to prove his case or have it removed.
How can Scorpion help?
Depending on Sipho’s policy cover, Scorpion can appoint an attorney to help him.
You can strike back legally too!
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