Defended Actions – Ivan Zartz Attorneys http://ivanzartzattorneys.co.za Welcome Wed, 10 May 2017 07:27:19 +0000 en-GB hourly 1 https://wordpress.org/?v=4.9.8 4 Reasons Why A Debt Collection Attorney Is Better Than An Agency http://ivanzartzattorneys.co.za/4-reasons-debt-collection-attorney-better-agency/ http://ivanzartzattorneys.co.za/4-reasons-debt-collection-attorney-better-agency/#respond Thu, 07 Jul 2016 11:41:18 +0000 http://ivanzartzattorneys.co.za/?p=1388 Your business is in a spot of trouble; your debtors are yet to pay their debts, and time is of the essence. Many of you may want to avoid the trouble of using a debt collection attorney and rather consider the cheaper option of a debt collection agency. Here’s why you might want to stop […]

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Your business is in a spot of trouble; your debtors are yet to pay their debts, and time is of the essence. Many of you may want to avoid the trouble of using a debt collection attorney and rather consider the cheaper option of a debt collection agency. Here’s why you might want to stop and consider this choice a little more carefully.

Repetition Repetition 

A debt collection agency is likely to follow the exact same process as yourself; contacting the debtor telephonically and issuing letters of warning. If this has not resulted in payment, why would it be any different if a debt collection agency performs the exact same function? It would not only be a waste of money, but it would just prolong the issue. At the end of the day an agency will eventually make use of debt collection attorneys themselves.

Illogical Fear Of Courts 

Many people fear approaching a debt collection attorney because of the realisation of having to go to court. Most of the time the debt collection attorney will head all legal action, requiring little effort from the plaintiff. Aside from providing important information and making an appearance in court, all other duties will be undertaken by the debt collection attorney.

A Debt Collection Attorney Has More Power

By taking the matter to the court, the issue is resolved quickly, especially when using an experienced attorney. By enforcing the state’s hand in dealing with the matter, a final decision made in court will mean that the debtor will have to pay his/her dues or face harsh restrictive credit measures, fines or worse.

Costs 

The belief is that debt collection attorneys charge more than debt collection agencies. This is often true, but both parties will charge fees according to the length of the debt collection process, hourly rates and flat rates. Additionally, both agencies as well as attorneys are admissable to receiving a portion of the debt owed. Because the legal profession is so time dependent, it is in the attorney’s best interest to reach a conclusion with regards to the case as fast as possible, costing you or your business less.

Make sure that you contact a debt collection attorney as soon as a debtor shows signs of protracted nonpayment. Keep an eye on the Ivan Zartz Attorneys blog page where our next blog will highlight the signs that may signal your need for a debt collection attorney.

For the services of the best debt collection attorney in  South Africa, contact Ivan Zartz Attorneys today.

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Debt Collection And Condictio Indebiti http://ivanzartzattorneys.co.za/debt-collection-condictio-indebiti/ http://ivanzartzattorneys.co.za/debt-collection-condictio-indebiti/#respond Wed, 15 Jun 2016 10:44:50 +0000 http://ivanzartzattorneys.co.za/?p=1373 What happens when an individual or organisation makes a payment to another party by a mistake and expects repayment for services not rendered. This classic case of debt collection is termed Condicto Indebiti in the legal world, and certain requirements have to be met in order for a plaintiff to hold a defendant responsible for paying back money […]

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What happens when an individual or organisation makes a payment to another party by a mistake and expects repayment for services not rendered. This classic case of debt collection is termed Condicto Indebiti in the legal world, and certain requirements have to be met in order for a plaintiff to hold a defendant responsible for paying back money for services not rendered.

Mistaken Payment 

When a payment is made by mistake to an organisation or individual the process that happens most often is a form of unofficial mediation whereby the party who has made the mistaken payment approaches the payee. Often, and when providing evidence of a mistake, the payee will likely return the money to the benefactor. However, what happens when the payee refuses to make a repayment?

Condictio Indebiti

A case of condictio indebiti debt collection is different from a normal case of debt collection. Debt collection follows when somebody has rendered a product or service and has not received payment. With the case of a mistaken payment, the debt collection process (in the event that the defendant in a litigated case is not willing to repay) needs to be carried out when certain requirements are met. These requirements are:

  • That the defendant has received a particular amount of money
  • That the plaintiff has paid that particular amount of money
  • That there is an adverse effect of causality between the two parties (the defendant benefits where the plaintiff suffers)
  • The payment has to have been made by a mistake or without an actual legal reason for payment
  • And lastly, that the error on the part of the plaintiff was excusable

When all of the above conditions have been met, and there is no way in which common law for particular cases has been challenged, the payee (defendant)  is responsible for paying back monies owed.

Although not a case of debt collection, the similarities between cases of debt collection and condictio indebiti often mean that debt collection attorneys are more than experienced enough to assist clients in this regard.

To find out more about our strict measures of debt collection contact Ivan Zartz Attorneys today.

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Marriage and Property Law http://ivanzartzattorneys.co.za/marriage-and-property/ http://ivanzartzattorneys.co.za/marriage-and-property/#respond Mon, 13 Jun 2016 10:49:04 +0000 http://ivanzartzattorneys.co.za/?p=1370 Did you know that a property contract agreement pertaining to property law can be overruled by agreements made in the marriage contract?This can have far-reaching consequences if couples are unaware of the outcome regarding the sale of a property when married or after a divorce. It is important that couples realise, before making their vows, […]

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Did you know that a property contract agreement pertaining to property law can be overruled by agreements made in the marriage contract?This can have far-reaching consequences if couples are unaware of the outcome regarding the sale of a property when married or after a divorce. It is important that couples realise, before making their vows, that doing so can change the outcome of a property agreement.

In Community of Property

In Community of Property is an easy law to understand. It basically means that any assets that either one of the spouses owns during or before the marriage vows are made belongs to both spouses equally. This means that in the event of divorce the sum of both assets will be divided as equally as possible, while during the event of death, the living spouse will have ownership of all the marriage assets. This agreement is the most repudiating with regards to property law and the individual ownership before marriage.

Anti-nuptial Contracts and Property

An anti-nuptial contract is very different from the Community of Property rule. In the case of anti-nuptial agreements, spouses can agree to accrual or not. Accrual means that any assets made during the marriage period will be shared equally in the event of divorce. However, any property or assets owned by any one of the spouses before marriage strictly stays in that individual’s name unless agreed on the anti-nuptial contract otherwise.

Without accrual means that all property and assets, whether accumulated during the time of marriage or not, is owned by the individual in whose name the assets are in. Without accrual can be problematic in the event that the other spouse helps to pay for a particular asset, and how a particular asset is shared needs to be expressed within the contract.

With regards to property, couples must think long and hard as to their choice in marital contract. As with any agreement, we cannot predict the future, and agreements need to be made now to safeguard individuals in the case of divorce and/or death. A hasty decision may supercede the common property law in any event.

For more information regarding property law, please contact Ivan Zartz Attorneys as soon as possible. Furthermore, take a look at our blog page to peruse our latest articles.

 

 

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International Arbitration Bill: What It Means For Arbitration In SA http://ivanzartzattorneys.co.za/international-arbitration-bill-means-arbitration-sa/ http://ivanzartzattorneys.co.za/international-arbitration-bill-means-arbitration-sa/#respond Wed, 25 May 2016 13:28:55 +0000 http://ivanzartzattorneys.co.za/?p=1349 The International Arbitration Bill has been passed on to parliament, and will most likely be approved. This means that we may be subject to new International Arbitration Law within the next few years. What does this mean for South Africa, and how does it in any way affect  mediation in the legal sense? The South […]

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The International Arbitration Bill has been passed on to parliament, and will most likely be approved. This means that we may be subject to new International Arbitration Law within the next few years. What does this mean for South Africa, and how does it in any way affect  mediation in the legal sense?

The South African courts have gone a long way in promoting mediation as an alternative form of dispute resolution between parties, especially regarding commercial interests. Arbitration allows parties to formally settle disputes in private (where the arbitration does not include the state), saving businesses a lot of money that would otherwise be spent on legal fees. Additionally, arbitration reduces the pressure that courts and legal professionals experience in alleviating the vast number of commercial dispute resolution cases.

Old Arbitral Procedures

International arbitral procedures, alternatively, has always been an issue within the profession. This is because cases of international arbitration fell within the limits of the outdated Arbitration Act, No 42 of 1965. With the new International Arbitration Act in place, international arbitral procedures will be distinguished from domestic arbitration, and will be governed by as per UNCITRAL Model Law set out in the New York Convention.

New Arbitral Procedures

Although the force of law will still be maintained by executive powers within South Africa, arbitral procedures between international parties will be governed by the laws outlined in the UNCITRAL Conciliation Rules, essentially freeing up the local judiciary and offering commercial parties to settle disputes on their own terms. With the Act in place, foreign arbitral awards will not require government authorization with regards to their enforcement. Additionally, arbitral awards will need to be made an order of the court where parties are acting in good faith. They are not required to make an order of the court if the subject matter is not arbitrable in South Africa.

The new Act, some may say, has been a long time coming, and will certainly make South Africa an inviting location for international dispute resolution.

If you require the services of a dispute resolution attorney or a legal professional with experience in mediation and arbitral procedures, then make sure you contact Ivan Zartz Attorneys as soon as possible.

For more information regarding family law dispute resolution take a look at our dispute resolution page here.

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Be Careful Of Illegally Obtained Information http://ivanzartzattorneys.co.za/careful-illegally-obtained-information/ http://ivanzartzattorneys.co.za/careful-illegally-obtained-information/#respond Thu, 19 May 2016 14:09:18 +0000 http://ivanzartzattorneys.co.za/?p=1346 Although a legal professional will know exactly what constitutes as illegally obtained information, some of these views are lost on the layman who may not understand the implications of possessing information that was illegally obtained. Take a look at what constitutes illegally obtained information, and make sure that you know of the implications should your […]

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Although a legal professional will know exactly what constitutes as illegally obtained information, some of these views are lost on the layman who may not understand the implications of possessing information that was illegally obtained. Take a look at what constitutes illegally obtained information, and make sure that you know of the implications should your illegally obtained information be brought to light in court.

The court will expect both the defendant as well as the plaintiff to produce evidence that has a bearing on the case at hand. However, during cases involving divorce as well as child custody in South Africa, either one or both parties often believe that their partners or ex-partners will withhold information that is critical to the trial. Some feel that it is necessary to “self-help”, and find evidence or information that the other party may be hiding from the court.

How they come about this information may be described as theft by the other party. In such cases, not only would the individual’s credibility be questioned in court, but they may even be found guilty of committing a criminal offense. Some of the actions that are seen as criminal involve illegally accessing electronic devices, illegally accessing a person’s online and bank accounts, contacting an employer/colleague/associate to find out information regarding the partner/ex-partner and divulging information about an ongoing court case, and in certain events breaking and entering the premises or workspace of a partner/ex-partner. Taking documents and hard-copy information made out to the partner/ex-partner is also considered theft if done without their knowledge and approval.

How to avoid such a situation is simple. If an individual suspects that the partner/spouse/ex-partner is withholding information that is critical regarding the court’s proceedings, then the individual must bring such claims to the court’s attention. It is the duty of solicitors, attorneys, and sheriffs of the court to follow up on claims and gather evidence through the proper (and legal) channels. If illegally obtained information is brought to a family law attorney regarding a case of divorce or child custody in South Africa, the attorney is obliged to turn the evidence in at court, and notify the spouse/ex-spouse’s attorney about the information.

If you require any information regarding illegally obtained information with cases regarding child custody law and family law, make sure you contact Ivan Zartz Attorneys as soon as possible.

Take a look at how Ivan Zartz Attorneys is the most well-known child custody practice in South Africa. 

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Municipal Job Cards Used In Debt Collection http://ivanzartzattorneys.co.za/municipal-job-cards-used-debt-collection/ http://ivanzartzattorneys.co.za/municipal-job-cards-used-debt-collection/#respond Wed, 27 Apr 2016 22:00:00 +0000 http://ivanzartzattorneys.co.za/?p=1326 The contractor who is responsible for the installation, repairing, maintenance and/or removal of either an electricity meter or a water meter on every property in South Africa is required to fill in an official job card. This municipal job card holds all the information regarding the installation/repair/removal of the meter and is handed over to […]

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The contractor who is responsible for the installation, repairing, maintenance and/or removal of either an electricity meter or a water meter on every property in South Africa is required to fill in an official job card. This municipal job card holds all the information regarding the installation/repair/removal of the meter and is handed over to the municipality. This municipal job card becomes an important part of the debt collection process when the municipality follows up on unpaid invoices.

If customers want to dispute a particular consumption invoice, the municipal job card becomes an important document for both the municipality and the consumer. The municipality will use the job card within the municipal billing department to rectify a billing mistake. Otherwise, the customer can use the job card to prove the fact that they were incorrectly billed and can be used in court if the issue is in litigation. However, municipalities have been withholding municipal job cards from consumers when asked for them. This is illegal for a number of reasons.

  • The most important reason as to why this is illegal is because it means that a third party (the municipality in this case) is withholding important information that is relevant to the account holder and is needed by them in order to legally protect themselves.
  • This goes directly against the Consumer Protection Act because the job card holds information that is needed by the consumer to dispute a billing mistake.
  • The municipality cannot issue a summons, issue credit control measures, black-list or cut services if there is a billing dispute in progress. The dispute needs to be concluded, and this cannot happen if the municipality is withholding job cards.
  • Withholding municipal job cards, and starting the debt collection process against the consumer, shows a lack of accountability and transparency on the part of the municipal government.

Consumers must ensure that they collect all the documents and information concerning their dispute with the municipality so that the information may be used in court after the outset of the municipality’s debt collection process.

If you require one of the most experienced debt collection attorneys in South Africa make sure you contact Ivan Zartz Attorneys today!

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South Africa’s High Economic Crime Rate http://ivanzartzattorneys.co.za/south-africas-high-economic-crime-rate/ http://ivanzartzattorneys.co.za/south-africas-high-economic-crime-rate/#respond Wed, 06 Apr 2016 10:18:15 +0000 http://ivanzartzattorneys.co.za/?p=1302 The Global Economic Crime Survey, a study provided by PricewaterhouseCoopers, has provided information regarding the current trends and hotspots of economic crime. Unfortunately, South Africa suffers one of the highest rates of economic crime in the world. Currently, the rate of economic crime in the country doubles that of the international average, even when compared […]

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The Global Economic Crime Survey, a study provided by PricewaterhouseCoopers, has provided information regarding the current trends and hotspots of economic crime. Unfortunately, South Africa suffers one of the highest rates of economic crime in the world.

Currently, the rate of economic crime in the country doubles that of the international average, even when compared to other states in Africa. This, PricewaterhouseCoopers suggests is a ‘pandemic’, and at least a third of all upper-management in a number of corporate businesses have experienced economic crime in one form or another.

While, internationally, asset misappropriation is the most common form of economic crime, other forms of crime such as cybercrime as well as bribery are also common. Many would think that corruption is the most common economic crime in South Africa, but this is not the case. HR crime is at its worst in South Africa. More than a quarter of employees’ matric certificates cannot be confirmed, while 1 in 15 employees have a falsified tertiary degree or certification. HR crimes are usually noticed when hiring new staff, but the studies suggest that a shocking number of employees in South Africa do not have the correct qualifications.

Those in the field of risk management and auditing suggest that businesses should be proactive with regards to the crimes that plague South African companies. There are many services available on the market that can help businesses prevent fraud, and even HR crimes like that of forged qualifications.

Those of our clients that require our services with regards to commercial law must ensure that they have employed measures that help them prevent economic crimes within their businesses. It is important that they understand the scope and damage that economic crime inflicts on the South African economy, and that they protect themselves accordingly.

If you require the services of a professional commercial law attorney, then make sure you contact Ivan Zartz Attorneys as soon as possible.

Take a look at our commercial law page to see the commercial law services that we offer.

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4 Top Debt Collection Excuses http://ivanzartzattorneys.co.za/4-top-debt-collection-excuses/ http://ivanzartzattorneys.co.za/4-top-debt-collection-excuses/#respond Wed, 30 Sep 2015 09:08:55 +0000 http://ivanzartzattorneys.co.za/?p=1127 As a debt collection attorney in Johannesburg, Ivan Zartz Attorneys often face many debtors who are unwilling to pay monies due to creditors or even after receiving a receipt following the acquisition of goods and services. We understand what the plethora of excuses mean, and if you’re waiting for what is due to you for […]

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As a debt collection attorney in Johannesburg, Ivan Zartz Attorneys often face many debtors who are unwilling to pay monies due to creditors or even after receiving a receipt following the acquisition of goods and services.

We understand what the plethora of excuses mean, and if you’re waiting for what is due to you for a period of time that extends beyond an agreement, then you may need a debt collection attorney in Johannesburg like Ivan Zartz. Here are our 4 top debt collection excuses by debtors:

  1. No answer. These are the debtors that offer little in the way of an excuse. Rather they avoid all phone calls, emails and letters. This can either mean that the debtor has disappeared off the face of the planet (which occasionally happens), or the debtor is truly unwilling to pay the debt. This is a serious indication of non-payment, and you will need to hire the expertise of a debt collection attorney in Johannesburg.
  2. “We haven’t received an invoice yet”. This is a brilliant delay tactic by debtors because it is confirmed to delay the process by at least 2 or 3 days. It is the creditors job to follow up, and then provide the invoice as soon as possible. If a debtor attempts this excuse more than twice then you may want the involve the debt collection attorney.
  3. Authorization of the invoice. This is also quite common, as a debtor will often say that the invoice has not yet been authorized by the accounts manager, or that the account manager is away on leave. This will require deft communication by the creditor. Take down the name of the person you’ve spoken to, find out the date at which the account manager will either be back or will be authorizing the invoice, and follow up on that date. Otherwise, if you fee that you are expected to wait too long, this may be a delay tactic. Contact a debt collection attorney in Johannesburg for help in this regard.
  4. Payment for payment. Many companies will use this delaying tactic when expected to pay debts. The excuse is that the business or individual cannot pay because they’re also awaiting for a payment from another party, or they are expecting funding from the bank. This gives you, the creditor, ample room for you to begin the liquidation procedure on the part of the debtor. For this process you will require the help of a debt collection attorney in Johannesburg.

If you are looking for the assistance of a debt collection attorney in Johannesburg, then make sure you contact Ivan Zartz Attorneys today!

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State Illegally Collects Debt http://ivanzartzattorneys.co.za/state-illegally-collects-debt/ http://ivanzartzattorneys.co.za/state-illegally-collects-debt/#respond Mon, 21 Sep 2015 10:29:45 +0000 http://ivanzartzattorneys.co.za/?p=1116 Recent news has developed in Johannesburg over the last few months. It has come to light, through inquiry on the part of the Democratic Alliance, that the City of Johannesburg is illegally collecting on debts that until this point have been outstanding. The City of Johannesburg has been extending debt collection on arrears older than […]

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Recent news has developed in Johannesburg over the last few months. It has come to light, through inquiry on the part of the Democratic Alliance, that the City of Johannesburg is illegally collecting on debts that until this point have been outstanding.

The City of Johannesburg has been extending debt collection on arrears older than 3 years, which was declared illegal by changes made to the Consumer Protection Act in March this year. Arrears attached to properties, which can include non-payment on utilities, that are older than 3 years should be dropped. Debt collection processes instigated by the City has led to debt agreements that many residents are unable to pay. Some are still expected to pay on interest on settled debt and instances whereby a clearance certificates were issued.

The City declares that all debts linked to the property are still able to be pursued though, and that the City is attempting to prevent the act of illegally consumed utilities; and action that has led to millions of rands worth in uncollected debt in Johannesburg. It is quite obvious that the various acts need to be revisited and reviewed if there is to be any more clarity regarding the matter.

This also comes at a time when recent statistical reports indicate that not only is South Africa in significant debt, but its occupants are experiencing more debt as unemployment is up to 35%. What may also contribute to the non-payment of utilities is the fact that the delivery of services has gone up from 50% to 56% percent, increasing the number of individuals’ access to electricity, of which many do not pay.

If you are looking for an attorney with experience in debt collection cases, whether you are a creditor or debtor, ensure that you contact Ivan Zartz Attorney for a consultation. Ivan Zartz Attorney’s are a team of professional debt collection attorneys that are incredibly proficient in providing legal assistance in cases of debt collection.

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Mediation Preferred In Dispute Resolution http://ivanzartzattorneys.co.za/mediation-preferred-in-dispute-resolution/ http://ivanzartzattorneys.co.za/mediation-preferred-in-dispute-resolution/#respond Mon, 07 Sep 2015 14:38:22 +0000 http://ivanzartzattorneys.co.za/?p=1101 A recent trend in dispute resolution, the world over, is the gaining popularity in mediation. Mediation is slowly becoming the preferred resolution practice with mediators facilitating negotiations between parties in a number of fields all across the globe. Mediation is becoming common practice in the business field. As more businesses are feeling the pinch due […]

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A recent trend in dispute resolution, the world over, is the gaining popularity in mediation. Mediation is slowly becoming the preferred resolution practice with mediators facilitating negotiations between parties in a number of fields all across the globe.

Mediation is becoming common practice in the business field. As more businesses are feeling the pinch due to the unstable economic climate (and now the most recent Chinese financial crisis), many businesses and individuals have settled with mediation as a way of dealing with negligence claims as well as negotiating expiry limitation periods. It is most commonly found between business partners as they determine to settle breaches of contract between themselves without involving the court.

Mediation is even supported and advocated by legal establishments and governments, highlighting the fact that parties are likely to save on costs if settling on agreements outside of the court. Some states are beginning to implement mediation support frameworks and organisations that will assist parties as well as attorneys in the legal mediation process. It is through such frameworks that people are encouraged to seek mediation especially in cases of family conflicts. Unfortunately, many law firms see mediation as a threat to their profit making endeavors, and are therefore not as supportive of the change in the legal paradigm.

Mediation agreements are settled through the mediator’s use of a number of mediation techniques and processes. No single mediation practice is relied on. This is especially true of a lot of the larger cases of mediation, like that between two commercial parties who live in foreign countries for example. In this case an experienced mediator will fall back on a wealth of knowledge and experience before settling on a particular process.

Some mediators become skilled in a particular field of law, such as family law or commercial law. In these instances it is best to use a specialized mediator. For instance, Ivan Zartz Attorneys has a team of mediators experienced in the art of family law. If you require a mediator to help you resolve conflicts in family or in business, then don’t hesitate. Make sure you contact Ivan Zartz Attorneys today!

 

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