By: Jvk  11-11-2011
Keywords: summons

LIST OF SERVICES Some of the services that JVK Attorneys have to offer include: RESCISSION OF JUDGMENT APPLICATIONS A rescission of judgment is usually required when any party to an action has taken judgment against you either lawfully or unlawfully. The individual or institution that has taken a judgment against you will be indicative on your credit report. This has an extremely negative impact on your credit rating and should be removed as soon as possible once you are aware of it. The procedure involves a Magistrates Court or High Court Application accompanied by an affidavit. ISSUING AND DEFENDING SUMMONSES Should any person or business wish to institute a claim against another for monies and / or goods owed, or for damages, (ex. pain and suffering) this may be achieved through issuing a summons. At any point in time, an individual or a business may also be in receipt of a summons. In order to avoid judgment being granted, it is essential that the summons is defended as soon as possible. ISSUING AND DEFENDING DIVORCE SUMMONS Should a married couple feel that their marriage is no longer one that can survive any degree of assistance and / or counselling, one party may summons the other for a divorce. The party that sues for divorce will issue a summons against the other spouse and the party that receives the summons will defend same, should they choose to do so. Failing which, the matter may be settled. RESEARCH In the event that clarity is required within a specific area of the law or with respect to a specific problem, the matter may be researched whereby it may be explained through drafting a memo for the client to peruse. EVICTION APPLICATIONS Residential and business premises may encounter tenants that either refuse or neglect to vacate a premises for one of many reasons. This situation usually arises through the failure of the tenant to pay the agreed amount of monthly rental or refuses to leave despite the termination of the lease agreement. Eviction of the tenant can be achieved through issuing a summons or making an application to the Magistrates Court or the High Court. Assistance can also be provided to tenants that are unlawfully evicted from their homes. FORMULATING ARGUMENTS Should a client require additional information or what form of argument(s) are available to attend to the problem at hand, the matter may be examined in order to determine the strength of a possible argument and then presented to the client in writing. DEBT REVIEW APPLICATIONS Debt review is a process whereby an individual, who is not in a position to pay his / her monthly commitments to his / her creditors in full, tenders reduced instalments to the creditors based on the income of the individual. This enables the individual to still retain possession of his / her assets with peace of mind knowing that their creditors are being paid. SEQUESTRATION / LIQUIDATION APPLICATIONS In the event that an individual or business has reached such a stage of debt that there are no further means of recovery within the situation, sequestration is then an option to consider. However each case is determined in accordance with its own merit. A sequestration is achieved through an application in the Magistrates Court or the High Court. REHABILITATION APPLICATIONS Once a client has sequestrated, you will have to be rehabilitated in order to acquire credit again or even assume certain business positions. Rehabilitation does take place automatically after 10 years, however should you require this sooner, it will have to be done through a High Court application. MEDICAL NEGLIGENCE Medical negligence can arise through plastic surgery, medical malpractice, post operative surgery etc. In these cases, assistance is given to the client to retrieve sufficient compensation in relation to the degree of negligence / malpractice that is present. It is important to note that many medical practitioners and hospitals are victims of unsubstantiated medical claims. Assistance is also provided to medical practitioners and hospitals in this respect. MATTERS CONCERNING THE NATIONAL CREDIT ACT 34 OF 2005 As there are many issues that are currently governed by the National Credit Act, JVK Attorneys maintains a healthy knowledge in this area of legislation from contracts to debt counselling / debt review. DRAFTING AGREEMENTS / CONTRACTS This encompasses many forms of agreements / contracts. Some of the contracts that JVK Attorneys can assist with include -

  • Antenuptial contracts. This determines the marital regime that is to be applicable between the parties. Parties can either be married in community of property, our of community of property or out of community of property with the application of the accrual system. All of these systems carry different consequences.
  • Employment Contracts. These determine the terms and conditions that are to be applicable in the employer - employee relationship. Factors that are included are salary, hours of work, overtime, job / duty description, leave etc.
  • Non-disclosure agreements. Should there be any matter discussed or to be discussed that requires confidentiality, all parties associated thereto may sign such an agreement in order to protect any information shared within the discussion that should not be disclosed.
  • Acknowledgement of Debt. This is an agreement that is used in order to confirm the indebtedness of one party to the other. In addition, the agreement provides for specific payments to be made on a monthly basis. Should the debtor fail to make the necessary payments or make them timeously, judgment may be taken against him / her.
  • Contract / Deed of sale. Should a client wish to sell movable / immovable property, a contract / deed of sale will be required in order to validate the sale as well as confirm the terms and conditions present therein.
  • Other contracts include lease agreements, agency agreements, brokers agreements, service level agreements, sale of business agreements, surety / credit guarantee contracts, wills and trusts, retainer agreements, artificial insemination contracts etc.

COMPANY / CLOSE CORPORATION REGISTRATIONS Company registrations are required should you wish to register your own business. This can include a public company (Ltd), a private company [(Pty) Ltd] or a close corporation (CC). However, close corporations will no longer be able to be registered after the end of 2010. JUDICIAL MANAGEMENT APPLICATIONS Judicial management is a process whereby a company is in financial difficulty but with enough effort and efficient management, the situation can be rectified and the company can regain financial confidence. This is achieved through a High Court application. A judicial manager is appointed to assume control of the company in order to determine its financial status as well as to implement a strategy for the future of the company. This option is not available to Close Corporations. MAGISTRATES COURT, HIGH COURT AND URGENT APPLICATIONS There are many remedies in our law that can only be acquired through applications in either the Magistrates Court or the High Court. An example is an interdict. Other applications include appeals and reviews. Depending on the merits of each case, the court(s) can be approached on an urgent basis for a varied amount of remedies which provide speedy relief for the client. ITC REMOVALS See "rescission of judgment applications" above. DEBT COLLECTIONS All businesses and individuals are at some point in time faced with people / companies that fail or neglect to timeously pay their debts. JVK Attorneys achieves this purpose through the issuing summons if necessary. However, there are other alternatives available to parties that wish to settle amicably. DRAFTING LETTERS More often than not, many disputes can be settled through drafting appropriate letters whereby the necessary legal issues regarding a dispute are addressed. This is a simple and cost effective means in an initial attempt to resolving a dispute. NEGOTIATING DEADLINES Negotiating deadlines are key in business transactions that require more time. Many elements are present in internal and external surrounding circumstances that justify an extension of time for successful completion. JVK Attorneys can assist with this. COMPARING CONTRACTS AND ASSESSING CLAUSES AND RISKS ASSOCIATED WITH CONTRACTS Contractual transactions of minimum or maximum volume often require risk analysis and assessment in order to determine the risk (if any) associated thereto. This is done by analysing the contracts with respect to its clauses, thereby determining the advantages and disadvantages associated thereto. LEGAL ADVISING JVK Attorneys is in a position to advise businesses and individuals as to specific transactions that require more clarity. The client is consulted with and is then advised accordingly in relation to their query. This process is similar to contractual risk analysis as explained above. DRAFTING WILLS It is vital that one considers drafting a will. Doing so minimises administrative difficulties after the death of an individual and furthermore provides a lot of clarity during a time of such grief. A will is a document that provides for the distribution of ones estate after your death. CONSTITUTIONAL MATTERS Constitutional matters are generally complex and are dealt with as a last resort. In the event that an individual feels for example that his or her right to equality has been infringed upon, the Constitutional Court may be approached after all other possible remedies have been exhausted.

Keywords: summons