Consent To Judgment In Terms Of Section 58
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The state july 19 obtained a consent judgment permanently banning help the vets inc a florida charityand its president neil paulson from soliciting in minnesota due to their misrepresentations that donations would be used to help disabled and wounded military veterans when in fact the donations primarily benefited paulson and the charity s for profit telemarketers br this action was.
Consent to judgment in terms of section 58. Section 129 of the nca provides that the respondent should be. Section 58 consent to judgment proceedings is used by credit providers to obtain quick and cost effective judgment against consumers who are in default on their credit agreements. It is easy to prepare a separate document that recites the terms of the judgment without offering additional explanation or citation of authority.
The consent to judgment is normally only used to get judgment against the defendant if the defendant should default on the payments. The judgment was entered in terms of a written consent to judgment incorporating a consent to attachment of emoluments under section 58 of the magistrates courts act1and was in respect of a credit advance to the respondent in terms of the national credit act2 the nca. The crux of the ncr s contention was that section 58 proceedings prevented consumers being afforded adequate protection under the provisions of the nca.
Forms 31 and 32 provide examples. Under sec 58 57 1 of act 32 1944 consent to judgement against salary theirs a part2 of the act that says section 45 1 of act 32 of 1944 witch states that the client my consent to the jurisdictionof the magistrates of any district or district of the company that is seek ing the judgement. Consent to judgment or to judgment and an order for payment of judgment debt in installments 1 if any person in this section called the defendant upon receipt of a letter of demand or service upon him of a summons demanding payment of debt consents in writing to judgment in favour of the creditor.
You are here consent to judgment sec 58 process. Section 58 require that the consent be in writing signed by the debtor. Simultaneously with the execution of this agreement theparties shall also execute a consent judgment during the time payments continue to be owed in accordance with the schedule set forth in subsection a of this section the consent judgment shall be held in escrow by trenk dipasquale webster della fera sodono p c attorneys for the township.
The installment amount offered by the defendant is acceptable and the defendant has consented to signing a section 58 consent to judgment. A section 58 consent to judgment can be enforced south africa where the applicant has issued a summons.
