Madiba Deno
Registered User
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They can seek judgement up to 6 years after you last acknowledged the debt(by paying something for instance).
Sorry just to clarify - the defence that the debt was statute barred was successful in the case you mentioned and would always be a successful defence in similar cases as long as the defendant went to court and put this defence forward?The bank can seek a judgement at any stage after 6 years and I have seen such a case recently. If 6 years has elapsed since the last acknowledgement of the debt, and proceedings are issued, then the defence is that the debt is statute barred. In the case I referred to a notice of discontinuance was only issued by the plaintiff once an appearance and full defence was lodged with the court by the defendant.
Any debtor ignoring the likes of a claim notice, on the basis that the debt is statute barred, will face summary judgement against them .
Sorry just to clarify - the defence that the debt was statute barred was successful in the case you mentioned and would always be a successful defence in similar cases as long as the defendant went to court and put this defence forward?
Whether or not the debtor has means to pay is irrelevant to the creditor trying to obtain a judgement. A judgement simply gives legal recognition to the debt which, if obtained, will then allow the creditor to try and enforce the judgement.They can seek judgement but just turn up in court and tell the judge what you have told the bank. As you have no means to pay the judge will basically say that as he has no means they should stop hounding you. I can't remember the legal terms. Bring evidence of letters sent to them or have the dates on hand as well so you can totally shame them (if that is possible). Good luck.
And if the debtor has means would the judge allow the creditor to keep hounding him despite the debt being statute barred?They can seek judgement but just turn up in court and tell the judge what you have told the bank. As you have no means to pay the judge will basically say that as he has no means they should stop hounding you. I can't remember the legal terms. Bring evidence of letters sent to them or have the dates on hand as well so you can totally shame them (if that is possible). Good luck.
So would it be safe to assume that a statute barred debt does not have legal recognition irrespective of the debtors ability to pay?Whether or not the debtor has means to pay is irrelevant to the creditor trying to obtain a judgement. A judgement simply gives legal recognition to the debt which, if obtained, will then allow the creditor to try and enforce the judgement.
So would it be safe to assume that a statute barred debt does not have legal recognition irrespective of the debtors ability to pay?
By statute barred I mean that it fulfills all the requirements to make it so.
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