Maintenance Defaulters - Be Aware!
Maintenance Defaulters - Be Aware!
Published on December 20, 2022
The Maintenance Act allows applicants to issue warrants of execution against defaulters once the amount of arrears maintenance is not in dispute.
This procedure allows for an application for a warrant in execution by an applicant at the Maintenance Court, without informing the respondent / defaulter of such application.
Such application is brought ex-parte and may also include respondent representing a financial institution (bank), investment fund, etc. without having been informed thereof, attachment may be effected against monies held by the respondent / defaulter with a bank, etc.
In the matter of VDB VS. VDB 2022(S) S.A 633 (gg) the court found that the respondent had no clear or prima facie right to prior notice of an application for a warrant in execution in terms of the Maintenance Act.
A respondent's resource in the circumstances describe lies within the Maintenance Act itself.
C.M. Weiss
Practicing Consultant
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