Client threatening to sue
ave a client who is threatening to sue me and also make me pay their legal fees as I failed to deliver her product. She ordered on the 11th of September 2017 and due to the fact that items couldn’t be delivered by my courier company as I couldn’t afford to pay them anymore I could no longer deliver on the 27th of October I told her that I would issue her a refund as soon as I had available funds as my business in not operating anymore, but her husband insisted that they would give me until Wednesday the 1st of November 2017 to pay the money or they will sue. I have no income or assets, and would like to know if there is anyway I can defend myself, will the courts be understanding of my situation? And can the plaintiff sue me to pay their legal fees as well? I owe her R2400
It will make more sense to sue in the small claims court for a relatively small amount of 2400 rand. In your normal civil court the cost of suit will outstrip the amount demanded. Besides it will take time to get a judgement even if you don’t defend it. Technically they can claim the cost of suit from a losing defendant but that is also a process. You should propose to them that you will repay them in installment or that they should give you a bit of time. Am sure they know or will find out that it’s not worth going through the legal process for 2400 rand.