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Conveyancing - Property transactions and Estate Agency - Deceased Estates - Motor vehicle accident claims from the Road Accident Fund - Wills and Testaments - Insolvent Estates, Liquidations, Sequestrations, Rehabilitations - Trusts and Estate planning - Notarial Matters - Registration and Cancellation of bonds - Criminal Law - Bail - Firearm license applications & appeals - General Civil litigation - Personal injury claims - Debt collection - Administration orders - Distribution Schemes - Ante Nuptial contracts - Divorce and related matters - Dissolution of customary unions - Labour Law - Farming matters - Leases and agreements - Property valuations and sworn appraisements - Valuation appeals - License applications and objections - Servitudes - Tax Law - Company Law - Commercial Law - Water Law - Zulu customary Law - Educational matters (including teacher & pupil disciplinary enquiries, suspensions, expulsions)
An Administration Order is an order of court which halts all further debt collecting legal proceedings against you and places your financial affairs under the control of an administrator (usually your attorney). You make one monthly payment to your administrator who distributes the money to your creditors on a pro rata basis. This is a more suitable alternative to having your estate sequestrated. However, the total amount of your debts at the time of the application may not exceed R50 000.00. For further enquiries, contact Ms BL Schmitt
This is an informal agreement with your creditors, in terms of which you negotiate with them to pay one monthly payment to your attorney. He then distributes the money on a pro rata basis to all creditors, usually every three months. A distribution scheme differs from an Administration order in that creditors do not have to accept a distribution scheme and are free to proceed against you whenever they wish. A Distribution scheme is voluntary and not regulated by any particular laws and therefore there is no limit to the total amount of your debts. For further enquiries contact Ms BL Schmitt
Divorces & related matters:
A divorce can be granted in the High Court or Divorce Court. Relatively straight forward divorces can usually be finalized within 5 to 6 weeks depending on how long it takes for the parties to decide who takes what. Defended divorces ( mostly involving custody disputes) will take much longer, occasionally dragging on for several month and costing a whole lot more. Related issues include the division of assets, custody of children, maintenance and costs. For advice contact Ms BL Schmitt.
Dissolutions of customary unions:
Unlike divorces, customary unions can be dissolved in the Magistrates Court. Although this ( as with a lot of other customary law) is slowly disappearing, we do offer this service for anyone who requires it. For more information contact Ms BL Schmitt
Zulu customary law:
Sadly, traditional customary law is slowly disappearing. However, in our surrounding rural areas, this law is still very much applicable. Are you unsure about how many lobola cattle are to be returned after a divorce or after an engagement is broken off? What are Siza cattle? What about the Nguni beast given to the bride's mother? Can you claim return of calves born to the cows? For the answers to these questions and many more, contact Mr Barry Kruger.
Sometimes people find themselves in the position where they do not have enough money to pay their debts and they do not have any assets that they can sell to raise the money to pay their debts. A creditor of such a person can apply to court to have that person's estate sequestrated. Laymen often refer to this as " going under". A trustee is appointed by the court to take over the affairs of the debtor, much in the same way as an executor of a deceased estate. The trustee gathers together all assets to settle the debts. The law provides for certain debts to be paid first (such as bondholders). If there is any balance left, then it is distributed amongst the rest of the creditors on a pro rata basis, so they all receive payment of the same percentage of their total claim. It is advisable to avoid ever leaving your estate sequestrated because it is a public record against your name and it can make it very difficult for you to open accounts or do business with other people for a very long time. For further enquiries please contact Mr Billy Fourie.
You may have a will but how sure are you that it complies with all the requirements of a valid will? Was it drawn up by an inexperienced draftsman with little or no legal experience? If so, your will might not qualify as a valid one and could be thrown out by the Master of the High Court. In such an event your previous will might be treated as your last will. Although you can have a will drawn up at no cost by some organizations who usually have no legal expertise, it is safer to have it drawn up by an experienced attorney. Unless the will is very lengthy and complicated, it will usually cost about R200-00 to have one drawn up. At the end of the day, that could save your family and heirs thousands of rands in later years by preventing lengthy and costly litigation in trying to iron out problems caused by a will drawn up by an inexperienced draftsman. For more information on wills, estate planning, estate duty, leaving funds for minors in trust and much more, contact Mr Billy Fourie.
What are ordinary hours of work, what notice periods apply, how much leave, how much sick leave, what about family responsibility leave? All these questions are answered in the Basic Conditions of Employment Act. When is dismissal unfair, what do I do if I am accused of dismissing someone unfairly, what do I do if I have been dismissed unfairly, what is the CCMA, what is the Labour Court? These are all questions answered in the Labour Relations Act. Labour consultants and Unions might be able to help you in some instances. However, the issues are legal issues and it is best to consult your attorney, bearing in mind that mistakes can be very costly. For further enquiries, contact Roy Harris
We are entering into agreements every day of our lives, often without even knowing it. When you walk into the tearoom, pick up a newspaper from the pile and leave the correct amount on the counter and walk out without saying a word to the person behind the counter, you have actually entered into an agreement of purchase and sale. There are very few agreements that have to be in writing before they are valid. Most agreements can be verbal and are just as binding as written agreements. The only problem with a verbal agreement is that parties don't always discuss each and every term of the agreement and so, when something unexpected happens ( as it often does) attorneys have to try to work out what the parties intended. That is why it is often a good idea, and money well spent, to ask a lawyer to draw you a proper agreement when you enter into a business contract. Some draft agreements can be bought at book shops with some of the clauses having various options and others having blanks for details to be filled in. Unfortunately the wrong options are often chosen or the blanks filled in incorrectly. These mistakes can be very costly. Agreements that are drawn include partnership agreements, dissolutions of partnerships, leases of residential, agricultural and business premises, agreements of sale of land, shares in companies and members interests in close corporations, sales of vehicles, machinery and equipment and many others. For further enquiries, contact Roy Harris
If you are owed money, you will probably ask the debtor many times to pay you the money, but at some point you realize that you have to do something more. There are obvious illegal means to collect debts. These might expose you to substantial civil claims for damages and perhaps criminal charges if the person you hired does something illegal. The best way is to go to your attorney, who will collect your debt according to the law. He will also be able to advise you on what steps you should take when first giving credit to make it easier at a later stage, should it become necessary to hand a debtor over. For further enquiries, contact Ms BL Schmitt
Our firm boasts decades of specialization in this field, serving clients not only in Greytown but as far afield as Vryheid and Mtubatuba in the North, to Stanger, Durban, Pietermaritzburg, Howick, Estcourt and Ladysmith. Our firm has extensive knowledge in this field and will always ensure that your rights are protected and enforced. We have developed different ways to finance your need for legal assistance. For immediate help please contact Barry Kruger (Jnr)
Should you be arrested as a suspect in a criminal case you may be incarcerated until you are taken to court. In the interim you will be in the company of all types of unsavory criminals. When can you apply for bail? To whom can you apply for bail? What is the reasonable amount for bail? All these questions may unexpectedly become very relevant to you! Be prepared! Our firm offers 24hr service when it comes to bail applications as we see the freedom of movement of our clients in a very serious light. We can also advise on the latest developments regarding bail law. For immediate help please contact Barry Kruger (Jnr)
Firearm License applications:
Do you need a firearm for self defense, sport, hunting or did you inherit a firearm that must be licensed? Do you have an approved safe, does your home meet the safety requirements, are you qualified to use the weapon and when may you use it? Do you own a firearm or various firearms? What are you going to do to keep your firearms? We have assisted numerous clients to prepare and lodge successful applications. We can assist you to also apply for a permit to be registered as a bona fide hunter, sportsman or collector. Please contact Barry Kruger (Jnr)
Property valuation Appeals:
Are you paying too much money in rates and taxes? the amount you pay is determined by the value placed on your property by the Municipal Valuation Roll. Valuations are done every few years by Valuators appointed by the Local Authority. You have a set time to appeal against their valuation and so you must act quickly if you are unhappy with the new valuation. Please contact Mr Barry Kruger.
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