Below is the Guidelines To Sue Someone In South Africa
It is always best to get professional help when you want to sue someone; so that the legal professional can explain and advice on the legal process needed to get your money back.
It is always best if you have proof of the loan in writing either with an AOD or a PN; but even if the agreement was not in writing you must try and find some proof of the fact that you paid the borrower eg bank statements, deposit slips, receipts, etc.
The first step of the legal process is to place the debtor “in mora”. This is achieved via a formal letter of demand; demanding that he/she repay the loan by a certain date.
If the debtor fails to pay in terms of the letter of demand; one can then sue him/her.
The suit is by means of a summons issued out of the court having jurisdiction and is served on the debtor by the sheriff of the court.
If the summons is served on the debtor and he fails to pay or respond to the summons; you may apply to the court for a default judgment.
If he/she defends the summons; you may be able to apply for a summary judgment.
The entire process is a formal legal process and must be done properly, professionally, and expeditiously.
Get advice and help and do not try to do it all on your own. That seldom ends well.
Follow the professional legal advice obtained by you.
If you have a query regarding a debt owed to you; please contact us at The Legal Advice Office direct and/or our legal consultant, Hugh, as soon as possible for obtaining proper, professional legal advice.
Hugh’s telephone numbers are 082-0932304 (preferred) or 028-3162832, where you can leave a message if he is unavailable. You can also send us an email to email@example.com or clicking the BUTTON on the right side of this page. Hugh was previously a practicing litigation attorney and has 20 years of practical experience in the field.
Again; please visit our website if you need any help, legal advice, or legal services at www.legal advice office.co.za or send an email to one of our email addresses; either firstname.lastname@example.org or email@example.com, and we will revert within 48 hours.
Some senior advocates charge up to R1500 per hour. For an attorney to use such an advocate would be a huge financial risk to take on in the absence of a deposit having been paid by the client. Junior advocates charge at R500 or R600 per hour.
How much do lawyers charge per hour in South Africa?
21.72% answered that they charged between R1000 and R1500 per hour, 39.70% charged between R1500 and R2000 per hour, and 11.24% saying they charged more than R2000.
Which type of lawyer gets paid the most in South Africa?
Top earners include General Counsel (GC) and partners, both of which can expect to take home R5 million a year at the high-end of the market.
At the other end of the scale, candidate attorneys can expect to earn between R250,000 and R300,000 a year at top law firms.