| (1) |
If at the hearing of the proceedings in terms of a notice under section 65A(1) the court is satisfied— |
| (a) |
that the judgment debtor has movable or immovable property which may be attached and sold in order to satisfy the judgment debt or any part thereof, the court may— |
| (i) |
authorise the issue of a warrant of execution against such movable or immovable property or such part thereof as the court may deem fit; or |
| (ii) |
authorise the issue of such a warrant together with an order in terms of section 73; or |
| (b) |
that there is a debt due to the judgment debtor which may be attached in terms of section 72 to satisfy the judgment debt and costs or a part thereof, the court may authorise the attachment of that debt in terms of that section; or |
| (c) |
that the judgment debtor or, if the judgment debtor is a juristic person, the director or officer summoned as representative of the juristic person, at any time after receipt of a notice referred to in section 65A(1), has made an offer in writing to the judgment creditor or his or her attorney to pay the judgment debt and costs in specified instalments or otherwise, or, if such an offer has not been made, that the judgment debtor is able to pay the judgment debt and costs in reasonable instalments, the court may order the judgment debtor to pay the judgment debt and costs in specified instalments and, where the judgment debtor is a natural person and is employed and after satisfying itself that it is just and equitable that an emoluments attachment order be issued and that the amount is appropriate, in addition authorise the issue of an emoluments attachment order by virtue of section 65J(1) for the payment of the judgment debt and costs by the employer of the judgment debtor, |
and postpone the further hearing of the proceedings.
[Section 65E(1) substituted by section 8 of Notice No. 769, GG 41017, dated 2 August 2017]
| (2) |
Any authorisation under subsection (1)(a) shall, pending the execution of the warrant, serve as an interdict against the alienation of the property concerned by the judgment debtor. |
| (3) |
Proceedings postponed under subsection (1) may again be placed on the roll by the judgment creditor or his attorney by notice delivered personally or served by registered letter addressed to the judgment debtor or, if the judgment debtor is a juristic person, to the director or officer summoned as the representative of the juristic person and in his personal capacity and delivered or posted at least 10 days before the day appointed therein for the hearing. |
| (4) |
If the judgment creditor issues or causes to be issued a warrant of execution against movable property belonging to any judgment debtor before the hearing of proceedings in terms of a notice under section 65A(1) and a nulla bona return is made, the judgment creditor shall not be entitled to costs in connection with the issue and execution of such warrant unless the court on good cause shown orders otherwise at the hearing of the proceedings. |
| (5) |
The court may from time to time suspend, amend or rescind an order for the payment of a judgment debt and costs in specified instalments made in terms of subsection (1)(c) of this section or section 57, 58 or 65. |
| (6) |
Upon an order referred to in subsection (1)(c) of this section or section 57, 58 or 65 having been made and if the judgment debtor was not present or represented in court when the order was made, the judgment creditor or his or her attorney shall forthwith by registered letter advise the judgment debtor of the terms of the order. |
Older Persons Act, 2006
