Hi,I ambehind on my car instalments and ...

Asked by Mfanelo on 18-01-2020 12:43:53
Question posted in the Consumer Protection Law category relating to Mpumalanga


I ambehind on my car instalments and the lawyers have gotten a court order from Pretoria High Court to repossess. When I enquired about the process followed, they told me a summons was issued and pinned to my gate as there was no other way to deliver it but I was home on that day. They also apparently sent a registered letter before that but it was sent to my old address even though the bank has my right address. The tracking of the letter ends at the post office, no delivery confirmation. Do I have any recourse? They sent someone, apparently a sheriff, to take the car but he had no form of identification whatsoever so I didn't give it to him.


Message from the Lawyer

Posted by Att. Patrick on 19-01-2020 08:54:27

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

You should ask them for a copy of the sheriff's return of service to confirm that the summons was served on you. 

Then, you can apply for the rescission of the judgment at court in order to undo the judgment. 

Att. Patrick

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

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