SCORPION ADVISES ELSIE TO APPLY FOR A DEFAULT JUDGMENT!

THE FACTS

Elsie Maseko from Kempton Park, Ekurhuleni said he was involved in an accident recently. No one was injured but the car was damaged. The other party admitted that he caused the accident and promised to fix Elsie’s car.

But a few months have passed since the accident and when Elsie contacted the driver to ask him about fixing the car, he changed his mind and told Elsie he is no longer willing to pay or fix the car. Elsie took his case to the Small Claims Court, but the driver didn’t attend the hearing.

WHAT I DID

I spoke to SCORPION LEGAL PROTECTION lawyers to provide the reader with their professional legal advise.

SOLUTION

Elsie has a claim for damages to his motor vehicle against the driver. As Elsie has already been to the Small Claims Court he can now apply for a default judgement against the defendant for failure to attend the hearing. The Commissioner of the Small Claims Court will determine whether the application for default judgment is in order and check that the driver was notified of the court date.

Once the application has been granted, the case will be transferred to the Magistrates Court in order for the judgment to be enforced by the sheriff by means of a writ of execution. The writ gives the sheriff the power to attach moveable property that belongs to the defendant. This property can be sold to cover the debt in terms of having Elsie’s car fixed.