Hi.I'm going to lend a certain amount be...

Asked by johannes on 21-10-2021 15:26:50
Question posted in the General Law category relating to Gauteng

Hi.

I'm going to lend a certain amount (between 50-125k) to a person. They need the money to buy fertilizer for grass on their farmlands. They have agreed to pay me the back full amount lent times two (x2) on 28 February 2022 when they harvest the grass.

I would like some form of a contract that would require them to pay back the agreed upon amount (the original amount times two) by no later than 28 February 2022 or face some form of legal consequence.

My terms include the payment of all legal fees by the other person when we need to approach the court and a ceasure of assets to the value of the agreed upon amount (the original amount times two) if that is legally allowed. A fair yearly interest rate should also be added if there is late payment (if that is legal in an individual capacity?)

Am I allowed to do something like this legally? Would a basic contract stating the above information signed by both parties be allowed in court?

Extra information:

The person has already agreed to pay me back double the amount lent on the date in question.

The person is a family member.

I'm not a registered credit provider.

Message from the Lawyer

Posted by Att. Patrick on 22-10-2021 17:56:13

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, even if it is R150 or R200.

Yes, you can do this, legally. But you will need to visit a lawyer to have such a contract drawn up.

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required deposit, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make deposits for their questions - they get serviced first!

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

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African 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 South African 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.