Hi There .
I have received a call from the sheriff to come sign a summons for car repossession. I’m in arrears of about R22000. I defaulted on payment as I was retrenched, but I am working again and earn a good salary.
What arrangement can I make with whom so I can pay the arrears over at least 4 Months. What are my rights?
Thank you for the question. Firstly, a summons must be served on you. The sheriff cannot call and tell you to come in and sign a summons. They must come to you. If a summons has been issued it becomes more difficult to make arrangements with the bank. I would suggest that you speak to the bank directly and tell them what your situation was. Make them an offer of 4 months, and commit in writing thereto. They might be difficult, but persist until you get a positive answer from them.
If the bank does not want to be lenient with regards to a payment plan, I would suggest that you be very careful when signing anything. Chances are they will try to get you to sign a voluntary surrender of the vehicle. If they bring a summons to you, do not be scared. Have a look at the summons and make sure you understand when they want to present the case to the court. they cannot repossess your vehicle without a court order, unless you sign a voluntary surrender of the vehicle. I would then suggest that you show up at court on the court day and present your case to the court. Show the court the proof that you were retrenched, and then also present the proof where you corresponded with the bank in an attempt to make an arrangement.
when the court sees that you really tried to make an arrangement with the bank and that the bank simply ignored you, the court will most likely rule in your favour.
Be sure to do all correspondence with the bank and sheriff in writing so you can keep a record of it.
Hope the information was useful