dana

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I reside in Benoni and today my jilted ex-wife had my car attached by the
sheriff of the court for a claim of arrears maintenance - that's sounds
quite simple, but the procedure is questionable.

Firstly I'm not in arrears and have bank transfer statements to prove this -
but this is also not the main issue and I'd be claiming this even if I were
genuinely in arrears.

The jilted ex-wife merely went to the High Court and submitted a sworn
affidavit claiming that I'm in arrears and suggested that my car be targeted
for attachment, and based on this a "Writ of Execution" was awarded and the
Sheriff duly removed my car - now the sad part is that I was not contacted
prior to this to defend myself against this false claim of arrears
maintenance.

I would expect that I be given the opportunity to present my evidence of
payment in a court before my car is driven away by the Sheriff of the court.

Any advice would be welcome - not expecting you to take sides, but just
advice on how this kind of court action can take place without the option of
defending.

NB. All names and places have been changed to protect the innocent.

moira de swardt

option of

innocent.

Sounds very suspicious. Present yourself and your records to the
maintenance court in Benoni. They'll sort it out. But the law is
not currently on the man's side.

Moira, the Faerie Godmother

dana

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|
| Sounds very suspicious. Present yourself and your records to the
| maintenance court in Benoni. They'll sort it out. But the law is
| not currently on the man's side.
|
| Moira, the Faerie Godmother
|

Thanks for your comment Moira.

I found in my Google searches, that I must be "convicted" of failing to
comply with the maintenance order, and in my case I wasn't even contacted
before hand, never mind conviction.

I'll be off to the court in the morning by taxi - no car to travel to work.

dana

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|
| Sounds very suspicious. Present yourself and your records to the
| maintenance court in Benoni. They'll sort it out. But the law is
| not currently on the man's side.
|
| Moira, the Faerie Godmother
|

Thanks for your comment Moira.

I found in my Google searches, that I must be "convicted" of failing to
comply with the maintenance order, and in my case I wasn't even contacted
before hand, never mind conviction.

I'll be off to the court in the morning by taxi - no car to travel to work.

Enforcement

The fifth area of consideration is enforcement. Due to the impracticality of
jailing respondents who are convicted for non-compliance, criminal sanctions
have lost their deterrent effect. Even though the court may order that
arrears be paid and that maintenance continue in the future, these orders
may only be made once a defaulter has been "convicted for failure to comply
with a maintenance order".

<comment>

No Conviction in my case.

geeza

A very sympathetic reply Moira ( He said in Sarcasm), Seriously though it is
not your usual touchy feely stuff.

Present yourself and your records to the court and they will sort it out -
very simple that and you will not have a problem with your car having been
sold at an auction for nothing after being stripped fro spares in a police
pound.

Dana if your records are up to date and you have a sound case then get a
lawyer and sue the bitch, that is if you can do it without hurting your
kids. If the kids are in the way then just get an order for restitution and
restraint from legal harrasment. Failing that then your best bet is to get
like the ou's in the UK - get a spider man outfit and do a sit in on a crane
or chuck a purple flower bomb at the president or something.

moira de swardt

You see the part he wrote about "... I'd be claiming this even if I
were genuinely in arrears." Remember that I've spent years working
with women who have found themselves on the wrong end of the deal
and with no legal redress. I accept that there are women who now
use the official sympathy of the court to butcher their ex-husbands
needlessly, but by and large (and I accept that this is probably not
the case here) the bastards are doing everything they can to avoid
paying for the children they sired. So, for the record, I'm not
terribly sympathetic. If the problem is genuine it can be sorted out.

There is a period of grace between execution and sale. The ex-wife
may be made to pay for the costs if her case is shown to be
frivolous, but they'll probably be added to Dana's irritation.


is to get

on a crane


I do know of a case where the woman is a bitch from hell and using
the system to bully her ex. For the record I know of many, many
more cases where the man has got away with not paying a cent for
years, or just a token amount, while the woman battles to keep the
kids clothed, fed and educated.

Moira, the Faerie Godmother

geeza

Then the stupid bastard deserves what he gets which is alienation from his
kids.

I see the side of my friend Simon who is desperate to see his kids, pays
double maintenance and when he tried to push the issue the ex's goon of a
boyfrind de jour came and leaned on him.

I also see my brother who loves his kids dearly and continually bails his Ex
out of financial crap to keep it from splattering on his son. She books her
son onto courses that he does not take, and when the father coughs up she
pockets it like.

Where's my spider man suit and me flour bomb

geeza

Sue the bitch

And have the beak's balls fer garters as well - claim for taxi fares, pain
and suffering, humiliation, Give him hell and remember that you are doin it
fer the lads now.

moira de swardt

I see those too. I acknowledge their pain as being real. But they
*are* the minority. There are too many bastards out there who don't
pay maintenance for their kids, leaving the mother and children in
terrible financial situations.

Moira, the Faerie Godmother

dana

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| "Moira de Swardt" <moira.deswardt@wol.co.za> wrote in message | news:IvudnbdYDL6ZtuncRVn-sA@is.co.za...
| >
| > "Dana" <toughtity@mweb.co.za> wrote in message
| >
| > > I reside in Benoni and today my jilted ex-wife had my car attached
| > by the
| > > sheriff of the court for a claim of arrears maintenance - that's
| > sounds
| > > quite simple, but the procedure is questionable.
| >
| > > Firstly I'm not in arrears and have bank transfer statements to
| > prove this -
| > > but this is also not the main issue and I'd be claiming this even
| > if I were
| > > genuinely in arrears.
| >
| > > The jilted ex-wife merely went to the High Court and submitted a
| > sworn
| > > affidavit claiming that I'm in arrears and suggested that my car
| > be targeted
| > > for attachment, and based on this a "Writ of Execution" was
| > awarded and the
| > > Sheriff duly removed my car - now the sad part is that I was not
| > contacted
| > > prior to this to defend myself against this false claim of arrears
| > > maintenance.
| >
| > > I would expect that I be given the opportunity to present my
| > evidence of
| > > payment in a court before my car is driven away by the Sheriff of
| > the court.
| >
| > > Any advice would be welcome - not expecting you to take sides, but
| > just
| > > advice on how this kind of court action can take place without the
| > option of
| > > defending.
| >
| > > NB. All names and places have been changed to protect the
| > innocent.
| >
| > Sounds very suspicious. Present yourself and your records to the
| > maintenance court in Benoni. They'll sort it out. But the law is
| > not currently on the man's side.
| >
|
| A very sympathetic reply Moira ( He said in Sarcasm), Seriously though it
is
| not your usual touchy feely stuff.
|
| Present yourself and your records to the court and they will sort it
out -
| very simple that and you will not have a problem with your car having been
| sold at an auction for nothing after being stripped fro spares in a police
| pound.
|
| Dana if your records are up to date and you have a sound case then get a
| lawyer and sue the bitch, that is if you can do it without hurting your
| kids. If the kids are in the way then just get an order for restitution
and
| restraint from legal harassment. Failing that then your best bet is to get
| like the ou's in the UK - get a spider man outfit and do a sit in on a
crane
| or chuck a purple flower bomb at the president or something.
|

Thanks for your advice Geeza.

Today I paid R22,800.00 (cash advance on my Visa card - no idea how I'm
going to pay this back) to get my car back from the Sheriff of the high
court, and my lawyer gave them notice that this payment was made without
prejudice as I have my proof of payment in the form of bank transfer
receipts.

I also paid into my lawyers trust fund a deposit of R10,000.00 for him to
proceed with Council to get a restitution order and restraint from legal
harassment (council's rates are R600 to R1,200 per hour , and my lawyer is
R450 per hour)- this is a lot of money to pay for the protection of the
innocent from the blatant abuse of the law.

Tomorrow we will get the court do***entation from the registrar to
investigate how this court issued the "Writ" to attach my car without giving
me the opportunity to defend this (present my proof of payment).

It appears that the legislation allows for the ex-wife (bitch) to present a
sworn affidavit claiming arrears maintenance once this has been in arrears
for in excess of ten days and based on this the High Court will issue the
Writ to attach property. No protection of the man in the case of the ex-wife
abusing the system. This will all be confirmed tomorrow.

My son's - what can I do - I have to protect myself, and hope that they will
one day understand.

Never slept last night.
Still shocked and very amazed how little protection the law offers me.