Podcast
Questions and Answers
What must happen if a debt is not satisfied voluntarily within 80 days of judgment against the state?
What must happen if a debt is not satisfied voluntarily within 80 days of judgment against the state?
A sheriff can attach immovable property but is not allowed to remove it during the execution process.
A sheriff can attach immovable property but is not allowed to remove it during the execution process.
True
What must be included in the summons if the attached property is the primary residence?
What must be included in the summons if the attached property is the primary residence?
Notice in section 26 of the Constitution
Emoluments attachment involves the attachment of a portion of the debtor's _____ or _____ for debt repayment.
Emoluments attachment involves the attachment of a portion of the debtor's _____ or _____ for debt repayment.
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Match the following terms with their definitions:
Match the following terms with their definitions:
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What must the sheriff do after attaching a debt owed to a debtor?
What must the sheriff do after attaching a debt owed to a debtor?
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The sheriff can demand payment of more than the amount of the judgment debt from the garnishee.
The sheriff can demand payment of more than the amount of the judgment debt from the garnishee.
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What action should the j-creditor take if the garnishee refuses to pay directly to the sheriff?
What action should the j-creditor take if the garnishee refuses to pay directly to the sheriff?
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If the garnishee does not dispute the debt but fails to appear in court, a ______ may be issued against the garnishee's property.
If the garnishee does not dispute the debt but fails to appear in court, a ______ may be issued against the garnishee's property.
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Study Notes
Execution of Moveable Property
- Public auction is held.
- Sheriff accounts to attorney.
- Attorney accounts to client.
- Warrant re-issued if proceeds were not sufficient.
- Moveables may now be attached.
Execution against the State
- If debt not satisfied (voluntarily) within 80 days of judgment, judgment creditor serves "final order" judgment.
- Relevant Treasury pays within 14 days after service of order.
- Failure to pay → creditor applies for writ of execution.
- Sheriff attaches but does not remove property.
- If there is no application for a stay of attachment at the expiry of 30 days, remove & sell.
- Any party having direct & material interest may apply to stay proceedings, if it disrupts service delivery, threatens life or security of public, or not in the interest of justice.
Execution and Sale of Immoveables
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Judgment creditor will ask for order in which ILP is declared "especially executable" & obtain judgment for it.
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If primary residence, the summons must include a notice into section 26(i).
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"Special circumstances" must be considered by the court.
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When immoveable property is attached by written notice by sheriff.
- steps to be followed if the property owner is
- Owner.
- Registrar of deeds
- Occupant.
- steps to be followed if the property owner is
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Exec creditor prepares notice of sale:
- Short description of the property.
- Location.
- Time of sale.
- Invitation to inspect the property.
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Exec creditor must publish notice of sale in 1 newspaper & GC, not less than 20 days before the sale & not <5 days.
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Provide sheriff with proof of advertisement of sale.
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Leave notice out, middle of notice to be put out.
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Exec sale held. Not <15 days after attachment.
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Sheriff accounts to judgment creditor (attorney).
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Judgment creditor (attorney) accounts to client (judgment creditor).
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If judgment debt not satisfied, proceed into section 65 procedures.
Attachment of Emoluments
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Before we do section 65 procedures
- Emoluments: attachment of part of salary/wages of judgment debtor.
- Person who owes judgment debtor.
- Garnishee is obliged to pay over amount to sheriff.
- Good way of proceeding.
- Approach debtor who does not possess sufficient assets to pay.
- Process applicable assets to pay off.
- Additional conditions order.
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If any debt owing to Judgment debtor, judgment creditor may request sheriff to attach such debt.
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Sheriff must serve notice to garnishee ordering him to pay directly to sheriff, not to debtor.
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If amount owed to debtor > judgment debt, sheriff may demand that more than amount of judgment debt is paid to him.
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Once paid, issue receipt.
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Garnishee refuses to pay directly to sheriff, notify creditor immediately → may deliver notice calling garnishment in court to show cause why should not my debt be paid to the sheriff.
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Writ of execution against garnishee's property for debt due by him, but does not dispute in court to answer notice of judgment creditor.
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Description
Test your knowledge on the legal procedures surrounding debt collection judgments. This quiz covers important aspects such as property attachment, summons requirements, and garnishment. Understand the roles of sheriffs and creditors in the process.
