Property Sold

[[email protected]]

Can anyone please assist me? I sold my property 2004. Now in in 2019, i got a call from a lawyer saying that i owe money for the water and sanitation account. I received rates clearance when i sold the property and all accounts where up to date and nothing owing. Can they really come ask that now so many years later. They are asking me for documents proving it. I don't have documents as this was done a long time ago.

 

[Kosmik]

Can anyone please assist me? I sold my property 2004. Now in in 2019, i got a call from a lawyer saying that i owe money for the water and sanitation account. I received rates clearance when i sold the property and all accounts where up to date and nothing owing. Can they really come ask that now so many years later. They are asking me for documents proving it. I don't have documents as this was done a long time ago.

Nope, tell them to get knotted.

1. Dont admit to anything as a lot of folks try force that.
2. The act was only changed recently to allow current owners exemption of previous owner debt, it used to be owners of the property are liable for the debt, not old owners
3. If, and its a big if, there was a debt, it would have surely prescribed by now.

Sounds like a debt fishing expedition from a sold book.

 

[3WA]

Which metro/municipality?

Deny the debt until you can independently verify with the metro that they have an outstanding account. The lawyer may not even be working for the metro/municipality.

 

[[email protected]]

Which metro/municipality?

Deny the debt until you can independently verify with the metro that they have an outstanding account. The lawyer may not even be working for the metro/municipality.

Illembe Municipality. Used to be called Stanger/KwaDukuza. They are claiming i owe R16000.

 

[Napalm2880]

Nope, tell them to get knotted.

1. Dont admit to anything as a lot of folks try force that.
2. The act was only changed recently to allow current owners exemption of previous owner debt, it used to be owners of the property are liable for the debt, not old owners
3. If, and its a big if, there was a debt, it would have surely prescribed by now.

Sounds like a debt fishing expedition from a sold book.

This is 100% correct.

 

[TheMightyQuin]

They are asking me for documents proving it. I don't have documents as this was done a long time ago.

Uhm no...THEY must prove that you owe this debt.

Which they cannot, so this is what you tell them:

 

[3WA]

3. If, and its a big if, there was a debt, it would have surely prescribed by now.

All good points, but are you sure municipal debt prescribes? This link suggests municipal accounts take 30 years to prescribe:

Prescribed debt defined

Which debts can prescribe?

www.libertineconsultants.co.za

If it's a real account that the municipality confirms, then it won't have prescribed yet. Unless the law above was changed recently.

 

[Stonemason]

Can anyone please assist me? I sold my property 2004. Now in in 2019, i got a call from a lawyer saying that i owe money for the water and sanitation account. I received rates clearance when i sold the property and all accounts where up to date and nothing owing. Can they really come ask that now so many years later. They are asking me for documents proving it. I don't have documents as this was done a long time ago.

Contact the attorney who did the transfer. He/she may still have a copy of the clearance certificate.

 

[Lateinlife]

Scam

 

[Kosmik]

All good points, but are you sure municipal debt prescribes? This link suggests municipal accounts take 30 years to prescribe:

Prescribed debt defined

Which debts can prescribe?

www.libertineconsultants.co.za

If it's a real account that the municipality confirms, then it won't have prescribed yet. Unless the law above was changed recently.

Possibly but I know only the recent court case was won where the current owner was able to claim no liability for debt owed by the property incurred by the previous owner.

Op, if you really need to get the papers, it should be part of the filing of transfer as well.

 

[muisnes]

All good points, but are you sure municipal debt prescribes? This link suggests municipal accounts take 30 years to prescribe:

Prescribed debt defined

Which debts can prescribe?

www.libertineconsultants.co.za

If it's a real account that the municipality confirms, then it won't have prescribed yet. Unless the law above was changed recently.

Municipal Rates prescribe after 30 years. Municipal services prescribe after 3 years just like almost everything else. Even better: if the municipality waits too long (3 years) to levy the services on the account it will prescribe before it was levied on your account.

http://www.saflii.org/za/cases/ZAGPJHC/2017/14.html

 

[buffalobill]

Agreed, it sounds like fishing. You don't have to prove anything to them. They must come to you with their claim and documentary evidence. Don't even talk to them on the phone, tell them to put their claim in writing. That usually makes them go away. The attorneys at the time won't have any records. These only need to be held for five years.
If you really need it I can get the original transfer file, if it's been scanned and available from the deeds office, but doubt it will come to that. PM me if in need.

 

[Toxxyc]

Yeah in SA law you don't have to prove your innocence, but the accusing party must prove your guilt. If they can't prove you owe it, you don't owe it, period. No matter who says what.