Acknowledgment of debt by bathobile vilakazi

It's not quite that simple!

bathobilevilakazi — 2023-10-31 19:21:01 UTC

What is the likelihood of the court granting judgment against Sarah?

If judgment is granted, will the creditor be able to use any of the methods of enforcing a judgment?

Question 4

2023-11-02 19:11:41 UTC

The likelihood for the court to grant judgement is not likely to happen. The creditor in this case can use emolument attachment order which they can attach Sarah's salary or garnishee order to collect money directly from her bank account. These are the most likely ways that the creditor will enforce judgement to Sarah if it was to happen that the court granted judgement against someone who does not even have knowledge of the debt she owes.

2023-11-02 19:26:10 UTC

The judgement will not go through. Among the many ways, whereby money will be directly collected from Sarah's accounts, garnishee can be used. The creditor is in this case suppose to use emolument attachment order which they can attach Sarah's salary with. This likely to happen in the event that the court grants the judgement.

2023-11-02 19:33:57 UTC

It is a very slim chance for Sarah to get judgement in this case. The creditor has the upper hand, reason being the creditor can attach Sarah bank statement that shows she is capable of paying her debt that is not covered yet.

2023-11-02 20:16:26 UTC

The likelihood of the court granting judgement against Sarah would be by default judgement. Sarah has made an undertaking under section 57 and now is in breach with the terms of the undertaking.

If judgement is granted, the method that will be used to enforce a judgement would be an emoluments attachment order. In an undertaking under section 57 the debtor/defendant consents to the issue of an EAO.