Asked by the Customer on 28-08-2014 18:56:17
Question posted in the Family Law category relating to Western Cape
Question posted in the Family Law category relating to Western Cape
I've been sent a letter from a maintenance court which has a contradiction on it that states that I should appear at court at "13h30 AM". It's clear that the "AM" cannot be given with the time of "13h30", so does that make the court order null and void?
Message from the Attorney
Posted by Att. Patrick on 28-08-2014 19:25:21
Hi there and thank you for your question,
If I'm not mistaken, the form that you've received is most probably a pre-printed form that has space for information to be filled in on. Correct? In that instance I won't be able to agree with you for the following reasons:
1. Court isn't open at 1AM (in the early hours of the morning), so you can't attend then; and
2. The fact that the time was recorded as 13h30 is very specific and there can be no confusion as to what time it is actually referring to; and
3. If the form is pre-printed, it is pre-printed with the AM because most people are ordered to be there by 8:30, or 9:00 or 10:00; and
4. If the Magistrate was to ask you if you were "genuinely" confused, your answer would most probably be "no, I wasn't, I thought that it referred to 13h30 in the afternoon"; and
5. What would the reasonable man think in the situation? Would he think 1h30 AM, or would he think 13h30 (i.e. PM)?
Finally, if there is an error in a Court letter (or even a Court order !!!) that is obvious, it does NOT make that Court order null or void. The same would most certainly apply to a Court letter - unfortunately for you.
My advice would be not to make an issue of it and attend Court when you've been ordered to do so. If you don't attend there will most probably be a warrant issued for your arrest - which is something that you don't want.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
If I'm not mistaken, the form that you've received is most probably a pre-printed form that has space for information to be filled in on. Correct? In that instance I won't be able to agree with you for the following reasons:
1. Court isn't open at 1AM (in the early hours of the morning), so you can't attend then; and
2. The fact that the time was recorded as 13h30 is very specific and there can be no confusion as to what time it is actually referring to; and
3. If the form is pre-printed, it is pre-printed with the AM because most people are ordered to be there by 8:30, or 9:00 or 10:00; and
4. If the Magistrate was to ask you if you were "genuinely" confused, your answer would most probably be "no, I wasn't, I thought that it referred to 13h30 in the afternoon"; and
5. What would the reasonable man think in the situation? Would he think 1h30 AM, or would he think 13h30 (i.e. PM)?
Finally, if there is an error in a Court letter (or even a Court order !!!) that is obvious, it does NOT make that Court order null or void. The same would most certainly apply to a Court letter - unfortunately for you.
My advice would be not to make an issue of it and attend Court when you've been ordered to do so. If you don't attend there will most probably be a warrant issued for your arrest - which is something that you don't want.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
Answer Accepted
This answer was accepted on 28-08-2014 19:28:41
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