Civil Litigation & Debt Collection
Many South Africans are wondering how COVID-19 will affect their contractual obligations. Therefore, many companies and private individuals are reviewing their contracts and whether they can plead “force majeure”.
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Many consumers have been kept in the dark about the ins and outs of credit insurance in South Africa and how it can be particularly useful in the wake of COVID-19. If you have at any stage purchased something on credit, it’s likely that you have also purchased credit life insurance knowingly or unknowingly.
There are many disputes that come from contracts that were based on verbal agreements between two or more parties. Although there is no paper trail that can prove a verbal contract, verbal agreements are as legally binding as written and signed contracts.
Both the purchaser and the seller sign the agreement once the offer has been accepted. Once both parties have signed the OTP, it becomes a legally binding contract. This requires both parties to fulfil their individual responsibilities as specified in the agreement.
Debtors often make the big mistake of ignoring summons issued against them for payment. In such a case, the creditor may ask the court for default judgement.
Default judgements remain in effect for 30 years and will result in the blacklisting of the debtor, making it almost impossible to get credit.
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