Question posted in the General Law category relating to Gauteng
My lawyer managed to get a default judgement against a fraudulent builder on my behalf for R181k. "The story was on Carte Blanche recently". The builder has recently got himself a lawyer and had applied to have the judgement rescinded which we were going to defend. Then his attorney asked if he could settle the matter and the application was removed from the role whilst settlement discussions began. For a few weeks now there has been not a word from the builder's attorney on any settlement and in the meantime I have paid my attorney over R100k and have run out of funds. I am wanting to take the case further myself and am asking if I do so would you be able to assist me with any queries I might have? I am basically wanting to have the settlement discussion either continue or I want the builder's attorney to have the matter put back on the role for court and I would then like to submit my defense against his application. The matter was enrolled in the Meyteron Court and I have a correspondent attorney there who would be willing to attend court on my behalf.
Answer to the Question
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Has it cost you R100,000 to get a default judgment, and then some settlement discussions? Really? That's probably about 10 times what I would have charged ... especially if the summons was not defended and you took a default judgment?
I would suggest that you don't run the case yourself, because at the moment you have a default judgment. If they succeed in the rescission application, you'll be back at stage 1.
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