Debt Expert - Friedl Kreuser

question

Posted by: Tshepo Radebe | 2013-05-24 10:56

Could I please be referred to a lawyer who can rescind/remove a judgment in my name?

Could you please refer me to a lawyer who can rescind/remove a judgment in my name? I have a paid up letter and am not looking to be charged an arm an a leg - I just recently received a quote for R3 850. I know it's costly but it should be more moderately priced. A lawyer in the Gauteng area please.

expert answer

Posted by: Friedl Kreuser | 2013-05-27 15:21

Hi Tshepo,

If it is a Magistrate's Court rescission, our legal team can do it for you at half that price. You can email fw@summitfin.co.za and specify that you want to rescind a debt.

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user comments

Posted by: mike | 2013-05-30 09:50
giving assets "for free " could result in donations tax having to be paid by the donor (brother)
Reply to mike
Posted by: Anonymous | 2013-05-28 07:49
I am under adminisrtation since 2006 and i am left with only +_3000.will i need a lawyer to clear my name ? 2.I am married traditionally,my husband has a joint bond with his brother now he wants to take him out and put my name on,how do i go about ?
Reply to Anonymous
Posted by: Friedl Kreuser | 2013-05-28 18:35
Anonymous, well you will have to apply to court to remove the administration order. It is easiest to get a lawyer to do this for you, but if legal costs are a problem, you can also represent yourself, if you are up for learning about the required process (you can start by asking the clerk of your local court to point you in the right direction). A less exhausting option would be to find out about legal clinics or legal aid facilities in your area that offer legal assistance at a low cost. Many universities run legal clinics to give training to legal students, under the supervision of qualified attorneys. As for the bond issue - this can be an expensive exercise. Unless your husband's brother is willing to give away his portion of the property for free, your husband will have to "buy out" his brother's portion of the property. He will then have to appoint attorneys to transfer the property from his brother's name to your name in the Deed's Office. There is a specific legal process that must be followed to transfer property and the related fees and taxes are quite expensive, so you shouldn't consider doing this unnecessarily. The bank with whom the bond is registered should be able to appoint transfer attorneys for you, if you don't know where to start looking. Hope that helps.

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