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JW Fourie
JW Fourie, Attorney
Category: South Africa Law
Satisfied Customers: 15739
Experience:  L.LB (UOVS)
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My ex in South Africa owes me 17000 rand she refusing to pay

Customer Question

Hello my ex in South Africa owes me 17000 rand she refusing to pay dumped me and has new boy friend I want to sue her three small claims court and need help of a solicitor
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No we were not married just in a relationship her new boyfriend agreed on what’s app he will pay but they were just stringing me along first step will be a letter of demand then small claims court I don’t want to spend a fortune on legal fees its a small amount on R17000 rand like £850
JA: Have you talked to a lawyer about this yet?
Customer: i did he wanted £55 for a zoom meeting I didn’t do it I just want letter of demand send to her home adress I got the proofs where I send her the money
JA: Anything else you want the Lawyer to know before I connect you?
Customer: but must be a lawyer in South Africa in Roodepoort or Johannesburg
Submitted: 1 month ago.
Category: South Africa Law
Expert:  JW Fourie replied 1 month ago.

Good Morning

I am a South African attorney acting as a consultant on the site. There may be a little bit of back and forth between us before I provide you with an answer and this may take some time. Just know that I will reply, normally within a couple of hours at most.

You may get an offer to call me. This offer is system generated. If you want to accept this offer, you are welcome to do so. It does speed things up a bit, but it is not necessary for you to accept. I am comfortable to complete your request which ever way you prefer

Expert:  JW Fourie replied 1 month ago.

If you want to sue her through the Small Claims Court, I am afraid that you will not be able to do so through an attorney. The Small Claims Court does not allow representation. You have to appear in person.

If you want to sue her in South Africa, you will have to sue her through the Magistrates Court.

Unfortunately, this service does not extend to representation. There is a directory of attorneys at www.attorneys.co.za. You can find a firm that specialises in debt collection in Roodepoort on there.

I hope that the information helps, but if you have follow up questions, please feel free to ask.

Customer: replied 1 month ago.

I work nights in the Uk and I’m at work now. I think best contact will be what’s app for now ***********6435 My e mail is **************@gmail.com I will use ur service

Expert:  JW Fourie replied 1 month ago.

I can only contact you directly if you accept the premium service offer. Having said that, I don't have a great many insights to add at the moment. I will unfortunately not be able to represent you, as I am not resident in Roodepoort.

Customer: replied 1 month ago.
The thing is she works at Tim du Toit solicitors in Joburg my ex. She gets free legal aid. From them. I send her the money during corona time last year when her wages was half. Then in august she just dumped me and got a new guy. He agreed to pay me back but it was all a game. Like I say it’s a small amount 17000 rand I don’t want to pay to much in legal fees
Expert:  JW Fourie replied 1 month ago.

I agree that it is a Small amount and that the legal fees will eat into that R 17 000 quite quickly and that you may have to consider writing the amount off. The Small Claims Court would absolutely be the way to go, but as I said, it does not allow attorneys. You will have to appear in person, which given your current location will probably not be possible.

Customer: replied 1 month ago.
Ok give me a breakdown of the cost if I take her to Magistrates court. I’m in the UK I won’t attend. And if she makes a small offer to repay it back. I’ve contact few solicitors in Roodepoort but no one had come back to me yet and it’s been a week no answer. What is the changes I will get my money plus legal fees back?
Expert:  JW Fourie replied 1 month ago.

It is near impossible to give you a breadown. There are too many permutations, but if she defends the action, there is every chance that you are going to pay more in legal fees than you will be able to collect back from her. If she does not defend, you can possibly sell the judgment on to an institution who will then take the risk of the collection cost.

The chances of you getting your money and your legal fees back depends solely on if she is going to fight the summons or not.