1. Could you please clarify for me with ...

Asked by M-A on 16-04-2022 03:00:09
Question posted in the General Law category relating to Eastern Cape

1. Could you please clarify for me with regards to the Prescription Act 68 of 1969, Point 3 - 'Summons was not issued and served on you'- does this  refer only to a summons was served within the past 3 years or to any summons which may have been served irrespective of the date? 

2. Is a bank overdraft with a South African bank considered a contract debt even if a judgement was ordered by the High Court in favour of the Bank and a warrant of execution was served on the plantiffs 4 years ago or is the debt considered a judgement debt and only be extinguished after a 20 year time period?

Message from the Lawyer

Posted by Att. Patrick on 25-04-2022 14:38:00

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.

In order to interrupt prescription, a summons must be issued and served on you before the 3 year date. 

Is a bank overdraft with a South African bank considered a contract debt --> yes

a judgment would be a separate judgment debt

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!

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