Creditors' Remedies against Debtors (10:III): Difference between revisions
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Creditors' Remedies against Debtors (10:III) (view source)
Revision as of 17:23, 7 August 2017
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A copy of the acknowledgement of indebtedness must be included in the affidavit. If the acknowledgement has not been obtained or is not included, the affidavit is invalid. | A copy of the acknowledgement of indebtedness must be included in the affidavit. If the acknowledgement has not been obtained or is not included, the affidavit is invalid. | ||
If a debtor's car has been seized, check with the Registrar-General to determine whether the acknowledgement of indebtedness was properly included, and whether the automobile, etc. was seized before the end of the limitation period: see ''Rudd’s Heavy Equipment Repairs Ltd v Blackstone Paving Ltd'' (1985), 34 ACWS (2d). | If a debtor's car has been seized, check with the Registrar-General to determine whether the acknowledgement of indebtedness was properly included, and whether the automobile, etc. was seized before the end of the limitation period: see ''Rudd’s Heavy Equipment Repairs Ltd v Blackstone Paving Ltd'' (1985), 34 ACWS (2d) 244. | ||
=== 3. Buyer’s Lien === | === 3. Buyer’s Lien === | ||