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?

Category:  Civil Matters, Letters of Demand

Region: South Africa, Gauteng