General Litigation

Attorneys In Johannesburg

General Litigation Lawyers In Randburg

General litigations can be defined as legal disputes that don’t fall into a specific category. They can involve debt collection, code of conduct, property law, eviction, and a number of other issues.In South Africa, general litigations are handled by the Magistrate’s Court. This court has jurisdiction over civil and criminal cases where the value of the claim is less than R200 000.

If you’re involved in a general litigation, it’s important to understand the process and your options. You should also consult with an attorney (Otrebski Attorneys) who can advise you on the best course of action.

At Otrebski Attorneys we are able to assist you with the following servises:

Debt Collection
Property Law
Eviction
Debt review removal
Power of Attorney
Correspondent attorneys

Debt collection process:

After our offices has received instructions, one of our legal experts will contact the debtor and inform them that they have been handed over to attorneys and should they pay the outstanding debt, they will not be liable for the legal costs, alternatively we give them the option of signing an Acknowledgement of Debt (“AOD”).

Should the debtor fail to make payments, we will begin the legal process by sending them the letter of demand, which needs to be paid within 7 days.
If the debtor still fails to make the necessary payment within the 7 days, we will draft the summons, have it issued at court and have the summons served by the sheriff. The debtor will have 10 days to file their notice of intention to defend. If we receive the notice of intention to defend, the debtor has 20 days to file their plea.
Once we receive judgment from the court, we will apply for the warrant of execution so that the sheriff is able to attach the property.

We will keep you informed of the legal process and advice you throughout your matter.

Property Law

Neighbour Disputes

It is common to have disputes with your neighbours. Most disputes relate to trees and shrubs, parking, boundary walls, dogs barking, or loud music.

It is your right to enjoy your property and when that is disturbed, Otrebski Attorneys can assist you.

In instances when your neighbour is harassing you or your disputes turns into violence, threats and/or abuse, one of our legal experts will be able to advice you on what the best solution will be and what is required to stop this behaviour.

EVICTION

Eviction Procedure

It must be noted that no person can be evicted without a court order. A person can be evicted if it has been declared that they are unlawful occupiers of the property. It is essential that that the rightful owner follows the correct procedure if they want the unlawful occupiers out their property.

This assists the owner from taking the law into their own hands for example cutting the water and lights or intimidating or harassing the unlawful occupiers in the hope that they will vacate the premises. It is unlawful and can lead to serious consequences.

The Prevention of Illegal Evictions and Unlawful Occupations of Land Act (PIE ACT) is there to protect both parties to ensure that the law is followed. The Act does not take away the rights of the rightful owner, but it merely assists with the correct procedures to be followed before an eviction order is granted.

It is therefore important to obtain legal assistance when it comes to evictions. At Otrebski Attorneys, our team of legal experts will provide you with the best service while you are facing this traumatic legal battle.