I am owed R60,000 by my ex domestic part...

Asked by Anine on 11-06-2023 15:47:27
Question posted in the General Law category relating to Gauteng

I am owed +- R60,000 by my ex domestic partner.

I sent him a simple acknowledgement of debt agreement in September 2022, which he did not sign, but acknowledged numerous times on WhatsApp that he is willing to pay.

He also made three payments of R2000 as per the monthly repayment terms in the acknowledgement of debt agreement.

He has since defaulted and has not made any repayments since December 2022. I have asked by WhatsApp many times for repayment, and every time he replied on whatsapp that he would pay.

He did make a payment of R1600 last week.

I understand that the amount is more than the small claims court makes provision for.

But what, realistically would it cost me to try and sue for the entire remaining debt amount? 

And if I try and recoup R20k (and writing off the remaining R40k) by going to the small claims court, to at least get something back, what happens if he is unable or unwilling to pay?

He does not earn a salary, but is the sole proprietor of a Pty Ltd. He has some few assets, but nothing of great value.

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