Source: Marx Attorneys
Whether you are owed money by a maintenance defaulter or by a general debtor, our law gives you a range of collection options.
One of them is the sequestration application – in itself a powerful incentive to the debtor to pay up because of the loss of control over his/her own affairs it entails.
But what do you have to prove in order to succeed in such an application? And how do you prove that the debtor is actually insolvent? We look at an illustrative High Court case in which a mother with a R228,000 claim for arrear maintenance won her case against a series of desperate defences raised by her ex-husband.
