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styphoiz

Small Claims Process

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styphoiz    10
styphoiz

Hi Guys

 

SO I got scammed by a user on the website dated 23 Feb 2011, the seller hadn't posted my item, I paid R1459.00 after which the seller got annoyed for some reason and refused to post the item, he then said he'll do a refund and has not as yet done so, avoiding all my calls and emails. I have logged a case and have no feedback on that, I have tried calling this seller again a week or two back and he answers and says he'll do my refund. So I get a bit hopeful and send him details to do my refund and I phone him yo confirm if he's received them. He says his internet isn't working and he'll do it as soon as he can. He then goes and starts ignoring my calls again, all I have is an ID number of this guy and someone assisted me in getting his address which I'm not sure is still valid as this was last year. He stays in an area called Schweizer-reneke which looks like it's somewhere close to Cape Town, I have no clue of how to get a summons to this person or the process, could someone please please please assist me.

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styphoiz    10
styphoiz
styphoiz    10
styphoiz

Would the investigating officer be able to provide me with the relevant details?

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admin    0
admin
Would the investigating officer be able to provide me with the relevant details?

 

He/She should be able to give it to you if the case is still active.

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MiemsJewels    10
MiemsJewels

All you need to do is to go to the magistrates court. They will assist you with it. As far as I know, you 1st have to send 2 or 3 registered letters to the person. Then the small case court will assist you further. You yourself must pay the Sherrif of the court (Balju in Afrikaans) for delivery of the summons. The small court claims also need prove (documentation) that you did send the registered letters.

It can take a long time, and it's not allways successful. At least they can put a sentence for not paying against him. His name will be on the blacklist then. As soon as he try to open new accounts, it will hopefully not be successful.

 

Okay this was how it works 10 years ago. Don't know if there was any changes to how it works!

Edited by MiemsJewels

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styphoiz    10
styphoiz
All you need to do is to go to the magistrates court. They will assist you with it. As far as I know, you 1st have to send 2 or 3 registered letters to the person. Then the small case court will assist you further. You yourself must pay the Sherrif of the court (Balju in Afrikaans) for delivery of the summons. The small court claims also need prove (documentation) that you did send the registered letters.

It can take a long time, and it's not allways successful. At least they can put a sentence for not paying against him. His name will be on the blacklist then. As soon as he try to open new accounts, it will hopefully not be successful.

 

Okay this was how it works 10 years ago. Don't know if there was any changes to how it works!

 

Any idea how I would a hold of the sherriff closest to him?

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mrmouse    11
mrmouse
Any idea how I would a hold of the sherriff closest to him?

 

Before you do anything ,YOU must give him notification of your intent to summons ,an email is fine normally and sms , he then has 7 days to respond , after that you may go to the magistrate and ask the assistant to assist you further , the summons should be hand delivered , courier , friend , where he has to sign for letter , after receipt he may contend the summons or pay you or deliver the goods , summons him to appear in your magisterial district , ( The price of getting there may be enough to get the goods , money etc ), You can use a debt collector , but they will take 10 to 20 percent of the recovery for the letters , or speak to a Friendly lawyer about a letter , Also remember an email is an official document as long as you can prove it has been sent , it is up to him to prove he didnt recieve it , also send an SMS regarding the intent to summons , Then sit back and count the days , ( working days ) excluding tea time , lunch time . tea time , lunch .........etc ,not necassary to lay a charge yet , wait awhile and give him his 7 days , and you have to represent yourself in court as does he .

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styphoiz    10
styphoiz

Thanks, will try to do so.

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styphoiz    10
styphoiz

I do not have this person's address to do the required, that's my problem.

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mrmouse    11
mrmouse
I do not have this person's address to do the required, that's my problem.

 

send him a email with your intended action and stipulate he has 7 working days to make right otherwise you will go ahead and summons , you can do nutting before the letter of intent .Start it as such : notification of intent to summons ... to appear in the small claims court in the magisterial district of ....you have 7 etc, you need his attention first before anything else .dont let your feelings run amock yet, be gracious and sweet . you will laugh about it later all right maybe smile,, or not ,:amuse:

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qball    10
qball

We don't have a physical address on record for the seller. We can supply you with his ID number and PO Box address, please send a request through to communitywatch@bidorbuy.co.za.

 

Thanks

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styphoiz    10
styphoiz

I do have that, that's what I used to log the case.

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MiemsJewels    10
MiemsJewels
I do not have this person's address to do the required, that's my problem.

 

I really wont even bother to go on with a court case then Styphoiz. The attorney's fees may end up a lot more than R1500. I can almost give you a guaranteed letter for that. Then you also have no guarantee that you will get your money back.

 

I speak out of experience! Trust me!

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styphoiz    10
styphoiz

Well with small claims, I don't need a lawyer.

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mellowred    10
mellowred

If you send him an email, be sure to activate the "confirm receipt of mail" part so that you receive a notification that it arrived in his mailbox. Also activate the "confirm that email was read" if you can. Most people just have this on automatic so hopefully he won't see the option to not send the confirmations.

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MiemsJewels    10
MiemsJewels
Well with small claims, I don't need a lawyer.

 

Hope you will suceed with it! try to find his home or work adress though. The delivery of the summons must be by hand! Even if t is done through the small claims court.

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miraclebabycaw    10
miraclebabycaw
Hope you will suceed with it! try to find his home or work adress though. The delivery of the summons must be by hand! Even if t is done through the small claims court.

 

Yip and believe you me that is hard as anything to do. When they arrive to give the summons they just say they don't live there anymore, and there is not much you can do besides try other places. The legal system leaves a lot to be desired. We had a guy swindle us out of about R14000 over a kitchen about 9 years ago. We ran around for ages..could not get him..sent summon's to his last known address which was just 2 months old, then got new addresses etc. Cost us more time than anything else. Eventually we gave up and wrote it off. Months later someone advertised in the newspaper they were looking for him as well..don't think he was ever found.

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mrmouse    11
mrmouse

Contact C.I.S in JHB , they will find him believe you me .

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lilythepink    10
lilythepink

You can go to the Sheriff of the Court and ask him what his fee would be for delivering a small claims summons. If he/she is a kind person, they may even do it for nothing. (Of course, we have a kind sheriff in Grahamstown!!)

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MiemsJewels    10
MiemsJewels
You can go to the Sheriff of the Court and ask him what his fee would be for delivering a small claims summons. If he/she is a kind person, they may even do it for nothing. (Of course, we have a kind sheriff in Grahamstown!!)

 

Some of them does it for an income Lilly, so they are not willing do it for free.

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dstorm    10
dstorm
Of course, we have a kind sheriff in Grahamstown!!
According to rumour (I can obviously not vouch for it), there is also a kind sheriff in Sasolburg…

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