Question posted in the General Law category relating to KwaZulu-Natal
My father owes the Bank about R60,000. He defaulted and a summons was issued and he entered into a debt arrangment to pay reduced installments. But he then stopped paying for the last couple months because he has no money. I'm sure a judgement and warrant of execution will be issued shortly by the bank.
My father has been unemployed for the last 2 years and He has sold most of his assets, except his car to try and pay of the installments. In terms of assets he has a tv, tools and a bed and some other small items. It was my mother and I who bought majority of all the household assets because we both earned more than him and he spent most of it on alcohol and his business which shutdown 3 years ago.
My father, mother and I live in the same house. We rented for for the last 25 years and had to move recently to my mother's late parents house because my mother lost her job and we could not afford the rent. My, she's earning UIF now. My mother and father are not legally married and have been seperated for many years now but we stay together because living expenses are high and we feel sorry for him, he will live on the streets if not with us.
My question is what happens when the Sheriff tracks him down to our new address? How do we prove that the assets in the house are not his and belong to my mother and I? Will a Sworn affidavid do? My mother and I pay the rates, water and electricity, groceries and other household expenditure. 95% of movable objects in the house does not belong to my father. The bills are all in my name and the house belongs to my grandfathers estate.
It's a small town and it's easy for the sheriff to track him down. Keep in mind he has been unemployed for the last 2 years is 57 years old and will never find employment, there's no way he can settle the debt so debt review and sequestration is not an option because it costs too much and he certainly doesn't have much to even pay off 10% of the debt.