Thank you for taking my enquiry. I bough...

Asked by Emerald on 23-01-2020 13:13:57
Question posted in the Property Law category relating to KwaZulu-Natal
Question value: R 200.00

Thank you for taking my enquiry. I bought a simplex in 2013 and then in 2016 I lost my job and failed to pay the levies, I am now owing about R110 000 in levies. Today, I received a message that I am owing another company that plans to sell my property in order to recover their monies and that the Body Corporate will recover the levies through levy clearance. i would like to know what should I do to stop this from both parties especially the other company as they never took me to court and I want to dispute the debt.

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Answer to the Question

Posted by Att. Patrick on 25-01-2020 23:36:24

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.

They can only sell your property if they have a judgment (a court order) against you, and you fail to pay, and the sheriff attaches and sells your movable stuff, and then there is still money outstanding, and only then the sheriff can attach your simplex to sell it by auction.

So, they would first need to take you to court, where you could defend yourself and dispute the debt.

Att. Patrick

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