Left with debt by ex fiance
Good day
I was engaged to my ex for a year, we have since broken up, I took a personal loan on his behalf and a car, we since lost our jobs and had to surrender the car. Now I have a short fall for the car I took on his behalf and have to pay for the loan. He got his job back but he makes excuses when he has to pay for the debts I took on his behalf. What
Must I do to get him to pay and what are the pro’s and con’s of taking him to court, mind you I cannot afford lawyers
Category: Marriage and Divorce, Types of Marriages
Region: South Africa, Gauteng
1 Answer
Get as much proof as you can with respect to the personal loan and the car arrangement. In effect you should be able to prove that the personal loan you took was lent to him. And also that you had an arrangement whereby you bought the car on his behalf ; and that he was going to re-imburse you. Documentary proof is always stronger than an oral agreement. You should then sue him at the small claims court in a Magistrates court near you. Lawyers are not involved. A commissioner who acts as a judicial officer will hear both sides and make a decision you can enforce. The amount claimed must not be more than 15000 rand. Which means you should bring two separate actions: the personal loan and the car loan. If any of the amounts claimed is above 15000 rand, you may reduce your claim to 15000. If you wish to claim above that amount then you must go to the Civil Magistrates court, in which case you will need a lawyer. Best of luck.