Laywers threatening to sell house for outstanding school fees of R13 000?
Can the court sell my property of R1.2mil to pay my debt of R13 000 which was for outstanding school fees that occurred in 2005/2006 and in the process take away my only source of income since i am renting out my house so that i can be a stay at home mom and home school my kids How does it work?
Obviously there is a whole lot to this story.
The lawyer can threaten you as much as he or she wishes but one thing is clear- he/she cannot sell your house for whatever reason because he or she has no such power. Only the courts, on considering all relevant factors, can grant such order. Section 25 (1) of the Constitution, Act 108 of 1996, is clear enough. You may however enter into arrangement with the lawyer to settle the debt. In that way, you avoid lengthy court process, and save yourself time and money. However, should it fails, you have to answer the summons when served upon you, go to court when the matter is set down to be heard. The Judge will definitely hear your own side of the story.