Good DayIs there a way that one can Chec...

Asked by mvdventel on 12-05-2021 12:30:50
Question posted in the National Credit Act Law category relating to Western Cape

Good Day

Is there a way that one can Check if an Application / Case has been submitted to the Court  pending a Court Date. 

I dont have the Case Number - but I have the Surname and ID number. It would be my surname and ID.

Thank you & Best Regards


Further information relating to Question:

The Court application is for a Reckless Lending / Prescribed Debt Application. My ID is: 6811160162081 My name is Michelle Rachel Bark The Application would be on my name.

Information Requested by Lawyer

Posted by Att. Patrick on 14-05-2021 16:40:46

Hi there, 

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

This is a request for information so that I can understand your question and give you a proper answer.

Would you be the applicant/plaintiff in the court proceeding (i.e. you are launching the proceedings) or would you be the defendant/respondent in the court proceeding (i.e. another person is bringing the proceedings against you)?

Which court do you think that this would be in?

Also, what outcome would you like from this whole thing?

Awaiting your further information.

Att. Patrick

Information provided by client

Thank you for responding Patrick.

Yes I am the applicant/plaintiff in the court proceeding.
Which Court?
This I'm not sure of. My home address is Gordons Bay.
I would guess it is in the Somerset West Court or Cape Town Court.
Well firstly I would like to find out if there is actually a Application for Reckless Lending / Prescribed Debt submitted at the Court for a Court Date.
I would like to know realistically how soon I would get a Court Date.(if it has been submitted)
And I would like my outstanding Debt to be reduced.
My name: Michelle Bark
ID Number: 6811160162081
Address: 12 Felicia Crescent Gordons Bay

Thank you & Best Regards

Information Requested by Lawyer

Posted by Att. Patrick on 15-05-2021 23:06:31

Hi there Michelle,

Do you have a lawyer representing you? If yes, then can't you ask him for proof that it has been submitted?

If you don't have a lawyer, then who (besides yourself) could have submitted it?

Either you must submit it, or your lawyer.

So maybe can you explain who you asked to submit it?

Information provided by client

Hi Patrick

Yes off course I know can ask the Lawyer who says it has been submitted. But I suspect that it hasnt been submitted, that's why I asked if there is a way that I can check this myself.
So I dont have proof that it has been submitted and I would think that my Lawyer should have given me this proof, without me having to ask.
So is it possible for me to get this info myself? Otherwise I will have to ask my Lawyer. But if it is possible, can you Please tell me how to do that.
Best Regards

Answer to the Question

Posted by Att. Patrick on 16-05-2021 23:12:41

Okay, understood. 

You can check online if the case was filed at the high court. It is through the caselines system, the only issue is that the lawyer needs to invite you to access this system and the court file. So you will need to ask him/her to invite you. But, once you've been invited, you can see ALL documents filed in the case!

You can also ask your lawyer for the following - (i) a copy of the front page of the application so you can see the case number and that it has been issued; (ii) sheriff's returns of service to prove that it was served. 

Information provided by client

Thank you so much Patrick!
I shall do so.
Just one more Question: Realistically, How long would one have to wait to get a Court Date for such an Application as mine?
My Lawyer said the Courts cases are running behind schedule because of COVID outbreak. And I would likely not get a court date within the next couple of months. And theres not much one can do except to wait.
Is this correct?
Thank you & Best Regards

Answer to the Question

Posted by Att. Patrick on 17-05-2021 16:52:26

The courts are definitely running behind schedule because of COVID outbreak! 

You will definitely get a court date within the next couple of months. It normally takes a court between 1 and 3 weeks to assign you a date - depending on which court you are in. 

There is not a lot that you can do except wait. 

Answer Accepted

This answer was accepted on 18-05-2021 15:16:22

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.