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

Asked by the Customer 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

Michelle

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.

Message from the Attorney

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

Message from the Customer

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
Michelle

Message from the Attorney

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?

Message from the Customer

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
Michelle

Message from the Attorney

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. 

Message from the Customer

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
Michelle

Message from the Attorney

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
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