How To Stop A Warrant Of Execution In South Africa

How To Stop A Warrant Of Execution In South Africa

Have you recently received a Warrant of Execution in South Africa? Are you wondering how to stop it? A Warrant of Execution is a legal document obtained by a creditor from a court that allows the creditor to take control of your property or assets to repay a debt owed to them. This can be a stressful and overwhelming time, but it is important to know your options and rights to prevent further legal actions against you.

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Table
  1. What are my Options?
  2. How do I Apply for a Rescission or Suspension?
    1. Rescission Application:
    2. Suspension Application:
  3. Final Thoughts

What are my Options?

If you have received a Warrant of Execution, you have a few options to consider:

  • Pay the debt in full: If you are able to pay the debt owed in full, this would be the easiest and quickest way to stop the legal process.
  • Negotiate a payment plan: If you are unable to pay the debt in full, you may be able to negotiate a payment plan with the creditor or their attorney. This can be done through a debt counselor or mediator.
  • Apply for a rescission: If you were not aware of the legal proceedings or did not have a chance to defend your case in court, you may be able to apply for a rescission. A rescission is an order from a court to set aside the previous judgement or order.
  • Apply for a suspension: If you are able to provide a valid reason as to why the Warrant of Execution should be stopped, you may be able to apply for a suspension. A suspension is a temporary hold on legal proceedings.
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How do I Apply for a Rescission or Suspension?

To apply for a rescission or suspension, you will need to file an application with the court that issued the Warrant of Execution. It is important to note that there are strict time limits for filing these applications, so it is recommended to seek legal advice as soon as possible.

Rescission Application:

To file a rescission application, you will need to:

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  1. Provide a valid reason for not attending the court hearing or for not being aware of the legal proceedings.
  2. Provide evidence to support your reason, such as a medical certificate or affidavit.
  3. File the application within the given time limit.

Suspension Application:

To file a suspension application, you will need to:

  1. Provide a valid reason as to why the legal proceedings should be suspended.
  2. Provide evidence to support your reason, such as proof of financial hardship.
  3. File the application within the given time limit.

Final Thoughts

Receiving a Warrant of Execution can be a daunting experience, but it is important to remember that you have options. Whether you are able to pay the debt in full, negotiate a payment plan, or apply for a rescission or suspension, it is important to take action as soon as possible to prevent further legal actions against you.

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