is it misuse of a court order
A creditor received default judgement against debtors for R20 000. The debtors had offered to engage a payment plan prior to action. The creditor’s legal counsel was tasked with getting the debtors to sign an acknowledgment of debt for R27000. The debtors did not and proceeded to pay. After having paid R22000, attorneys for creditor instructed Sheriff of the court to attach moveable property of debtors. Debtors also provided several proofs of payment and attorneys tried to force another acknowledgment of debt, this time R35000. Debtors refused and were once again threatened with legal action by way of Sheriff collecting property.
Has the attorneys for the plaintiffs in this case acted improperly. The default judgment was satisified and the order of the court was used to force a signature on a separate claim for any amount almost 50% more than what is being claimed. Can a claim be made against the Attorneys for acting improperly?
Dear Hamish P
I advise that you submit this complaint/enquiry/dispute to the Law Society of Gauteng explaining to them as you have done here and request them to investigate the Attorney’s performances in this matter. If they are ad idem, that is in agreement with you in respect of the attorney’s improper behaviour
do they also advise that the Attorney be criminally prosecuted on the basis of his use of the court order forcing a signature for the extra amount or alternatively an out of court settlement of the complaint/enquiry /dispute.
Adv C Pleho