Am I going to loose my vehicle?





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  1. #1
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    Default Am I going to loose my vehicle?

    I bought a 2002 Discovery 2 (R64 500) in April this year and have been spending a fair amount of money to get the vehicle in a reasonable condition. Yesterday I get a call from a lawyer telling me the vehicle was attached by the sheriff and it was illegal for the owner to sell it to me. I am awaiting further details before getting professional legal advice. Unfortunately I am out of town and do not want to panic before I get more details. All the registration papers are in order and the vehicle is registered in my name. I love the vehicle and will be very sad to see it go, even if I get my money back(which I strongly doubt).
    Anyone had a similar experience or have any advice? I am dying out here!
    Last edited by Dewald Scholtz; 2015/07/08 at 12:14 PM.
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  2. #2
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    It's VERY difficult for anybody to sell a vehicle if still owned by a bank as the new owner will not be able to re-register.

    However, if the vehicle was part of an existing legal action then you could have trouble.
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  3. #3
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    Default Oh boy !

    I would go and see the lawyer. Be nice. Find out how much is involved. Hopefully you, the lawyer and the owner can come to an agreement if you settle the debt, you get to keep the vehicle. This would make it easier for the lawyer too and save the owner prosecution. Normally they attach for way more than what is owed. Wow this is a scary one! Hope you come right. Good luck. Let us know.
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  4. #4
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    Default

    It is not necessarily that there should be an outstanding debt on the asset being attached, as it could be attached for other debt owing, .e.g. a personal loan, credit card etc.

    Having said that, and I am no legal expert by any means, but logic says that if the sheriff attach any movable assets, he should immediately take it under his control to avoid it being sold off.
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  5. #5
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    Quote Originally Posted by Blackie View Post
    It is not necessarily that there should be an outstanding debt on the asset being attached, as it could be attached for other debt owing, .e.g. a personal loan, credit card etc.

    Having said that, and I am no legal expert by any means, but logic says that if the sheriff attach any movable assets, he should immediately take it under his control to avoid it being sold off.
    Yep, also could be part of a contested divorce or similar.
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  6. #6
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    Default

    Dewald if the registration documents are legal, you're safe. If the sheriff wants to attach an asset, he has to physically take hold of it or lock it. There has to be a notice on it. I don't think you have any worries. That's the way I understand it.

    Scare tactics if you ask me.
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  7. #7
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    Default

    Thank you for the response. I will wait for further contact by the lawyer before getting legal advice. Just talking about the matter makes me feel better!
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  8. #8
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    Default

    Ask the lawyer for the Sheriff’s details. The Sheriff has to issue an attachment notice AFAIK. You need to eyeball that.
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  9. #9
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    Default

    Dewald, did you get the registration papers and register the vehicle in your name already?

    I'm by no means a legal; boffin, but I can't see the vehicle being attached to any debt where the owner has the reg papers...

    If it's part of a divorce etc, it's not your problem. If you legally bought and registered the vehicle the fight stays between the divorcing parties. I think.

    Unless of course, he stole the vehicle and papers... I suppose then it could be a problem as you bought stolen goods.

    Keep us posted, pls.
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  10. #10
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    I am not a lawyer but this does sound a bit dodge to me
    If a vehicle is legally signed over to you and then registered in your name then you do own it.
    This is as long as the vehicle is in the persons name who signed it over to you

    This sounds to me like this lawyer wants to make it easy on himself by making you pay for his mistake in not properly claiming the vehicle before hand and he does not want to go and try and get the money now

    Otherwise I will make my wife mad she will want to divorce me and then she goes and takes back the car I sold 2 years ago
    Last edited by Veneficus; 2015/07/08 at 02:36 PM.
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  11. #11
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    Lawyer up asap.
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  12. #12
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    If the vehicle belongs to the bank HP or the guy is getting a divorce or it has been attached as a guarantee, you may have a chance of loosing the vehicle.

    Best is to get hold of legal representation, find out what the vehicle is attached for and what to do.
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  13. #13
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    Possession is 9/10's of the law. I would park it at a friends house till this entire debacle is sorted.

  14. #14
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    did you transfer the vehicle into your name? (i.e. do you have the title?)

    If yes - they can't touch it - unless it's a stolen vehicle and even then they cannot just take it.

    If no - you'll be handing it over or paying or whatever...
    Last edited by Apocalypse; 2015/07/08 at 03:20 PM.

  15. #15
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    Default

    Go see a local attorney asap.


    Do not waste time, do not try and sort it out yourself. Consult an attorney. And prepare yourself to spend a bit of money.

  16. #16
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    Quote Originally Posted by Apocalypse View Post
    did you transfer the vehicle into your name? (i.e. do you have the title?)

    If yes - they can't touch it - unless it's a stolen vehicle and even then they cannot just take it.

    If no - you'll be handing it over or paying or whatever...
    Not correct. Read up on rei vindicatio and estoppel

  17. #17
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    Quote Originally Posted by Tommyknocker View Post
    Possession is 9/10's of the law. I would park it at a friends house till this entire debacle is sorted.

    That would land him in jail.

  18. #18
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    Default

    I doubt whether it will be because of a divorce. Probably debt.

  19. #19
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    Quote Originally Posted by Damassel View Post
    Not correct. Read up on rei vindicatio and estoppel
    Why don't you just tell us in plain English oh clever one?

  20. #20
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    As I have it, if you have the title and is the registred owner of the car they can't do anything, regardless of the past. Who ever sold you the car will be responsible if he did so knowing of the attachement.
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