Course Details

 

Consumer Credit for Legal Clerks

Litigation Clerks

The purpose of this 2 day course is:

  • To know and understand the legal process of debt litigation
    • From the Final demand to the summons
    • Insolvencies and liquidations
  • Instructing and controlling attorneys

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Module 1

Law of Purchase and Sale

  • Introduction
  • The contract of purchase and sale
  • Special contract of purchase and sale
  • Rights and obligations of purchaser

Module 2

Credit Agreement & Usury Act

  • Introduction
  • Definitions and terminology
  • Scope and application

Module 3

Litigation in the Magistrate's court

  • When can you sue?
  • The magistrate's court act
  • Jurisdiction
  • Harmful business practice

Module 4

Repossessions

  • Manner of approach
  • Objectives
  • Custodies
  • Documentation
  • Valuations
  • Voluntary surrender
  • Insolvent/ Deceased estate
  • Court orders
  • Sureties
  • Claim on shortfall/writing off
  • The collection officer's right
  • Procedure to follow when suing for a short fall

Module 5

Magistrate's Court Act

1. Instructing your attorney

  • Documentation required in the Magistrate's court
  • What you can expect from your attorney
  • Procedural options
  • Sequence of pleadings
  • Costs involved
  • Customer protection insurance policy
  • Instructing tracers

Module 6

Insolvencies

  • Introduction
  • Voluntary sequestrations
  • Involuntary sequestrations
  • Acts of insolvency
  • Meetings of creditors

 

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