Warrant for delivery of goods
RECIEVED a warrant for delivery of goods from sheriff who then took the vehicle. I had not recieved anything prior to them coming to take the vehicle. No summons no letter no communication, from bank and lawyers. Is this within the law?
Category: Banking & Finance, Banking Issues
Region: South Africa, Gauteng
1 Answer
There must be due process in court before a warrant can be authorized. Check on the copy of the warrant for a case number. Go to the Magistrates court within your jurisdiction or where it appears on the warrant, and apply for a copy of the file from the clerk of the civil court. If there is such a file you can ask a lawyer to have a look to see if proper procedure was followed. If not you have the option of asking a lawyer to bring an application to court for a return of the car. Alternatively your lawyer can negotiate with the financial institution if proper procedure was not followed.