Who to sue small claims court

yellowyeti

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May 6, 2020
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115
Hi all
So I stay in a group of flats this 1 unit had a broken electricity meter for 18 months and the trustees did not pick it up.It is very clear by the 5 months of 0 usage in a row and the less than 50 rand usage the rest of the time that this meter was clearly broken and it was changed but this guy(family of 5) is refusing to pay because he says proper procedure was not followed and the meter was not first tested to see if it was indeed broken.
Now obviously these incompetent trustees are also to blame here but this guy was getting his invoices for all those months and did not report this low electricity so who do I/we sue?I want to go to small claims court there are 20 units in the building and I obviously want to sue on everyone's behalf and get there signatures that I am acting for them can you do that at a small claims court or does each person need to sue individualy?.

Who can be sued here the trustees,this guy,noone?everyone?
Thanks
 

Big Rat

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Jul 12, 2015
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How does this affect you? Did you get penalized by him not paying or what?
Just trying to see the reason you want to sue.
The who is dependant on why you want to sue.
 

3WA

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Sep 25, 2012
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So presumably you had to subsidise his electric bill? Are you able to calculate *exactly* how much you lost?
 

saor

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Feb 3, 2012
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Hi all
So I stay in a group of flats this 1 unit had a broken electricity meter for 18 months and the trustees did not pick it up
Did anyone report it to the trustees or were they meant to magically pick it up? It's difficult understanding your post and where you fit into this whole thing & why you want to sue etc.
 

maxxis

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Jul 26, 2007
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I don't think a board of trustees can sue anyone in small claims court. Same where a business can't sue anyone in small claims court.

If the occupant is a tenant then the owner of the unit will need to do this. Electricity should still be in the name of the owner and not the board?
 
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Arthur

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I don't think a board of trustees can sue anyone in small claims court. Same where a business can't sue anyone in small claims court.

If the occupant is a tenant then the owner of the unit will need to do this. Electricity should still be in the name of the owner and not the board?
Correct. Only natural persons can be plaintiff and defendant. No legal representation. You will personally have to prove that the debt was owed to you personally, that you tried to recover it (in writing), and that the defendant failed to perform.

It's the Mag Court for the owner/person to whom debt is owed, unless the lease/contract stipulates otherwise.
 
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WAslayer

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May 13, 2011
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I am not an attorney/legal expert and this the way I see the situation which may not be correct but, is based on my time living in a sectional title complex and serving as a trustee..

Firstly, if the complex has a managing agent, that's your first port of call, if not, you then go to CSOS..

Your approach to the managing agent is going to be around the lines of, what's being done to recoup monies for the electricity from this person.. the managing agent/trustees will have to come up with some legal way of trying to obtain this money and the managing agent should have the right legal procedures to follow to do so..

However, you as in individual have no claim to make against said person.. technically, the only party who has a claim here, is the one responsible for metering/selling the electricity.. if this is paid directly to the BC, then the BC is the claimant and the trustees are again responsible for legally fighting to get whatever money may be owed back..

However, burden of proof here is going to lie with whoever meters the electricity.. that means that the metering unit should have been tested prior to any replacements taking place..
 

Other Pineapple Smurf

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Jun 21, 2008
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14,115
Hi all
So I stay in a group of flats this 1 unit had a broken electricity meter for 18 months and the trustees did not pick it up.It is very clear by the 5 months of 0 usage in a row and the less than 50 rand usage the rest of the time that this meter was clearly broken and it was changed but this guy(family of 5) is refusing to pay because he says proper procedure was not followed and the meter was not first tested to see if it was indeed broken.
Now obviously these incompetent trustees are also to blame here but this guy was getting his invoices for all those months and did not report this low electricity so who do I/we sue?I want to go to small claims court there are 20 units in the building and I obviously want to sue on everyone's behalf and get there signatures that I am acting for them can you do that at a small claims court or does each person need to sue individualy?.

Who can be sued here the trustees,this guy,noone?everyone?
Thanks
You can sue anybody in small claims, the only problem is the judgement is toilet paper.

If you win against whoever, they don't have to pay. You need to go to proper court. I successfully won a SC case against OK Furnitures and could not get my money out of them.

Small claims is for dick swinging piss fights.
 

yellowyeti

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May 6, 2020
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115
How does this affect you? Did you get penalized by him not paying or what?
Just trying to see the reason you want to sue.
The who is dependant on why you want to sue.
The electricity from the broken meter was added to the common property amount and then payed by us owners and the tenants of owners.
 

yellowyeti

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May 6, 2020
Messages
115
So presumably you had to subsidise his electric bill? Are you able to calculate *exactly* how much you lost?
Not exactly the incompetent trustees calculated the amount I can get a more accurate amount but it is impossible to get the exact amount maybe a decent estimate.
 

yellowyeti

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May 6, 2020
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115
Did anyone report it to the trustees or were they meant to magically pick it up? It's difficult understanding your post and where you fit into this whole thing & why you want to sue etc.
Magically pick up a meter showing zero usage for years?They get everyones electricity charges each month printed out for them its not hard to pick up just have to look.I picked it up the first month I joined as a trustee.Its very simple these owners had a broken meter now say that correct procedure was not followed so won't pay. I think the fact they got sent invoices for all those months and either didn't notice or didn't report it makes these owners liable?else I must go after these trustees for negligence/incompetence.
 

yellowyeti

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May 6, 2020
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115
Correct. Only natural persons can be plaintiff and defendant. No legal representation. You will personally have to prove that the debt was owed to you personally, that you tried to recover it (in writing), and that the defendant failed to perform.

It's the Mag Court for the owner/person to whom debt is owed, unless the lease/contract stipulates otherwise.
Yea but does that mean that every owner has to go 1 by 1 to sue?Can I not gather all there signatures and sue just once on everyone behalf I am a natural person not a lawyer.Seems crazy to have to sue 20 individual times for the same amount from the same person.
 

yellowyeti

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May 6, 2020
Messages
115
I don't understand either, why you need to go to court? Is the faulty meters being replaced and the cost is passed down? What's the issue here.
No the electricity was instead added to the common property and then all owners had to pay that unknown that these people electricity was amoung that cost.
 

yellowyeti

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May 6, 2020
Messages
115
You can sue anybody in small claims, the only problem is the judgement is toilet paper.

If you win against whoever, they don't have to pay. You need to go to proper court. I successfully won a SC case against OK Furnitures and could not get my money out of them.

Small claims is for dick swinging piss fights.
Yea I gone through small claims before and won and still awaiting my first cent.I am surprised you could not get anything from a large store?
 

yellowyeti

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May 6, 2020
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115
I know trustees get itrustee endemnity for acts of neglegence etc?How to you go about with that do you go through the insurance or is it still the same thing having to go through the court system and what court would Small claims be allowed to take on a case where trustee indemnity is involved?
 

Steamy Tom

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Jan 23, 2019
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You are going to have to murder them bro, only logical way go deal with this other than demanding a process is put in place to make sure it doesn't happen again and of course killing the okes cat or keying his car or something.
 
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