What is the law of limitation?

What is the law of limitation?

The ‘Law of Limitation’ prescribes the time-limit for different suits within, which an aggrieved person can approach the court for redress or justice. It says that in computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded.

What happens after a writ of execution is served?

The writ gives the Sheriff the authority to seize property of the judgment debtor and is valid for 180 days after its issuance. You must give the Sheriff signed, written instructions to levy on (seize) and sell, if necessary, specific property belonging to the debtor to satisfy your judgment.

Can the sheriff attach a bank account?

As an example, should the Sheriff be mandated to attach cash in a banking account, the warrant will state that it should be executed at the said bank. The warrant that is automatically issued by the Court without further application from the creditor is a warrant of execution of movable assets.

Can the sheriff attached property that does not belong to you?

Almost any kind and all your property may be attached, provided that a court authorised such attachment, says Ehlers. “Only property actually belonging to you may be attached and not property in your possession but which belongs to someone else.

What is a Section 65 proceedings?

Section 65A(1) of the Magistrate’s Court Act 32 of 1944, in the District Court, is a procedure in order to inquire into the financial position of such debtor where he or she has not satisfied a judgment for the payment of a sum of money granted against him, and to enable the court to make such an order which has at its …

What is the role of a sheriff in court?

Sheriffs execute and enforce court orders, warrants and writs, participate in seizure and sale of property and perform courtroom and other related duties. Bailiffs serve legal orders and documents, seize or repossess properties, evict tenants and perform other related activities.