Mshwebu asked 12 months ago
Can the court issue a directive for the car to be repossessed without first issuing the debtor with a summons to appear in court? Also, is it true that a car can be classified as a stolen vehicle prior to the debtor appearing in court?
Matthys Potgieter Staff answered 12 months ago
Hi there,
Thank you for your question.
The court will not issue an order for a vehicle to be attached if there was no summons. The problem arises when the summons is issued and delivered to the wrong address which usually is the last known address the creditor has for the debtor.
It is, therefore, important for the debtor to always keep the address detail updated. You can ask an attorney to appeal the court order, but that will cost you money. If the court order has been granted, you, unfortunately, have no choice but to return the vehicle.
Kind regards