Protecting assets against law suits

[yellowyeti]

Actually .... in a HOA meeting if you are in debt, and it goes to court ... and you owe ... the sheriff can attach your house

Yea I think that applies to been behind on levies and utilities?

 

[rietrot]

No it was an email and 10 people were cc'd on it.

Really. You are scared they are going to attach anything because of a email. Lol

 

[Other Pineapple Smurf]

Hi GUys
I might have someone coming after me for libel .I really have nothing to my name other than my home.I have paid off the house but the bond is still open and the title deeds with the bank so it still technically owns the house?.Can a court attach my property and force the bank to sell it?
If so what is my cheapest option to ensure the house cannot be touched?

Thanks

Make your choices from TRUE LEGAL ADVICE AND NOT FORUM ADVICE.

Yes, it can be attached if there is a court judgment. Not so easy though.

No, it's not usually the bank that sells it, you are. When you sell, a bond cancellation process needs to be completed as you say the bond is still open. The bank will take their share and you get the change.

Example of the process (from my purchase in progress):

 

[yellowyeti]

Cancel the bond requires attorneys and few thousand rand.

Yep but the bank would have to pay that,I suppose they could be allowed to then recoup whatever expenses they incurred from the sale proceeds?.

 

[rietrot]

Yep but the bank would have to pay that,I suppose they could be allowed to then recoup whatever expenses they incurred from the sale proceeds?.

Whut? No if you cancel your bond you have to pay it.

 

[yebocan]

Well his sons a lawyer and he goes around threatening people with that phrase so it might be cheaper for him but probably still expensive as you said..He told my neighbour his going to contact a lawyer maybe a month back now .I will gladly add slander to the libel at the upcoming SGM.Well slander in his opinion but truth can never be slander only scandalous.

so basically just a bit of human drama ? Generally those that exclaim what they going to do, have no real intention of following through...Bravado ..Serious ones, you would have been summoned already... have a braai, catch some sun and don't worry about it....if it does go South it will not be the nightmare scenario you have playing in your head...on loop..

 

[yellowyeti]

Make your choices from TRUE LEGAL ADVICE AND NOT FORUM ADVICE.

Yes, it can be attached if there is a court judgment. Not so easy though.

No, it's not usually the bank that sells it, you are. When you sell, a bond cancellation process needs to be completed as you say the bond is still open. The bank will take their share and you get the change.

Example of the process (from my purchase in progress):

View attachment 1190902

Is this so you can get your title deed?I prefer leaving it with the bank less likely to get lost or have someone steal it.

No, it's not usually the bank that sells it, you are. When you sell, a bond cancellation process needs to be completed as you say the bond is still open. The bank will take their share and you get the change.

So the judgement would order me to sell it?Does the court set the price else im asking for a billion dollars.Is there a set time after which until it would probably be put up for auction?

 

[yellowyeti]

Whut? No if you cancel your bond you have to pay it.

so basically just a bit of human drama ? Generally those that exclaim what they going to do, have no real intention of following through...Bravado ..Serious ones, you would have been summoned already... have a braai, catch some sun and don't worry about it....if it does go South it will not be the nightmare scenario you have playing in your head...on loop..

Yea but never hurts to get some opinions just in case..I think it takes years for such a case to conclude also

 

[GMAN03]

Well his sons a lawyer and he goes around threatening people with that phrase

Ah yes, the classic "I'm related to a lawyer". I know quite a few lawyers that hate being dragged into this sort of BS. Often they would never throw around legal threats themselves (in their private lives) but their family happily go around doing that on their behalf.

 

[Other Pineapple Smurf]

Is this so you can get your title deed?I prefer leaving it with the bank less likely to get lost or have someone steal it.

No, it's not usually the bank that sells it, you are. When you sell, a bond cancellation process needs to be completed as you say the bond is still open. The bank will take their share and you get the change.

So the judgement would order me to sell it?Does the court set the price else im asking for a billion dollars.Is there a set time after which until it would probably be put up for auction?

It gets complicated and would be case by case and the court judgement would set the scene for how it pans out.

I bought a house from someone who had to sell it before the bank did. Most people do that as once someone else is making that choice for you, they won't have your interests at heart.

 

[MrGray]

Just out of interest, the notion that something is not libel if it's true is invalid. You can say something that is perfectly true but it can still be defamatory unless it is in the public interest for everyone to know about it.

 

[Hazy_Living@79]

Just out of interest, the notion that something is not libel if it's true is invalid. You can say something that is perfectly true but it can still be defamatory unless it is in the public interest for everyone to know about it.

Not sure if that's correct. Something can't be defamatory if its the truth. Otherwise how would it be defaming that person? As far as I remember, those are two separate defences to a defamation suit.

 

[yellowyeti]

I wouldn't be too worried about the house being attached just yet

If this person is serious just make sure he/she has your correct domicile (onus is on you) so that when the summons come you can defend yourself. The last thing you want is a default judgment because you didnt attend court, because the summons was delivered to the wrong address

Well you have to sign for a summons don't you?

 

[zerocool2009]

Well you have to sign for a summons don't you?

You sign that to say you got it. Nothing is then set! A court date will be on it!

If your facts are spot on, relax!

 

[yellowyeti]

Your car can be attached, and if you lose the case (and refuse to pay) it will be the 1st thing attached because it can be easily liquidated for cash.

I had an ex associate that this happened too. Sheriff or who ever rocked up at his house, attached the car. He has x amount of weeks to come up with the monies owed or the car would be sold.

(this was years and years after the judgement was obtained - can take very long)

Car can be easily transferred onto someone I trust name I guess.I have dealt with criminals before and they never own anything in their own name or its a shared asset so If needed I will put that knowledge to good use:Time to make our toothless justice system work for me.D

 

[Speedster]

They can't attach stuff you've given away. I'll be expecting some posts from you on the pay it forward thread.

 

[AdrianH]

Not sure if that's correct. Something can't be defamatory if its the truth. Otherwise how would it be defaming that person? As far as I remember, those are two separate defences to a defamation suit.

No, he is correct. Just because something is true doesn't mean you can not defame a person by stating that truth. My wife is an attorney and she explained it to me which I had a difficult time understanding. The example she used was along the lines of...

Johnny steals from his work and gets fired. His work colleague Jane finds out about this and posts it to Facebook saying he is a thief and got fired. Johnny's friends, family, and ex-work colleagues now know what he did and see him in different light. As the offense committed by Johnny was between him and his ex-employer and doesn't have a bearing on the public at large, and is not in the public's interest, Jane can be sued for defamation. Just because something is true doesn't mean you can make statements damaging a persons image and reputation.

Law is a funny business.

 

[yellowyeti]

Not sure if that's correct. Something can't be defamatory if its the truth. Otherwise how would it be defaming that person? As far as I remember, those are two separate defences to a defamation suit.

I think there are certain words or ways you frame something that could be claimed as defaming.For instance lets say a landlord has a unkept garden you could callgo a slumlord.So I guess exagerration of something that is somewhat true might qualify but that would be even harder to prove.

 

[yellowyeti]

No, he is correct. Just because something is true doesn't mean you can not defame a person by stating that truth. My wife is an attorney and she explained it to me which I had a difficult time understanding. The example she used was along the lines of...

Johnny steals from his work and gets fired. His work colleague Jane finds out about this and posts it to Facebook saying he is a thief and got fired. Johnny's friends, family, and ex-work colleagues now know what he did and see him in different light. As the offense committed by Johnny was between him and his ex-employer and doesn't have a bearing on the public at large, and is not in the public's interest, Jane can be sued for defamation. Just because something is true doesn't mean you can make statements damaging a persons image and reputation.

Law is a funny business.

I agree I think its for protection against name and shame culture.On the other hand she is warning people to guard there stuff around johnny so public interest?I am a terrible name and shamer.A guy once stole my car I caught him.He was with a friend so while I was telling his friend about what he had done he ran off lol.
I also hate bullies I just can't not get involved when I see things and it does get me in trouble sometimes so few stand up for themselves and I guess I 'm a liberal snowflake with bite?

 

[AdrianH]

I agree I think its for protection against name and shame culture.On the other hand she is warning people to guard there stuff around johnny so public interest?I am a terrible name and shamer.A guy once stole my car I caught him.He was with a friend so while I was telling his friend about what he had done he ran off lol.
I also hate bullies I just can't not get involved when I see things and it does get me in trouble sometimes so few stand up for themselves and I guess I 'm a liberal snowflake with bite?

It does vary per country. In SA the statement has to be true and it has to be in the public's interest in order to not be defamatory. Just because a person believes informing the public what Johnny did is "doing the right thing" is not a defence in SA law.