• What is an attachments order?
• What can be attached?
• Detailed discussion of section 30 and the procedure how to apply for an attachment order
• Reference to case law pertaining to attachments
• Explanation of the procedure to be followed to obtain an attachment order
• Discussion of suspension, amendment and rescindment of attachment orders

• How and when can a warrant of execution be granted
• Discussion of the legislation and case law
• What items may be judicially attached to secure payment of arrear maintenance and what items are excluded?
• What happens if the respondent owns nothing?
• Explanation of the procedure of issuing a warrant of execution and what it means
• Assistance by the State in paying the costs of a warrant of execution
• General tips and advice on warrants of execution to fast-track your maintenance matter

This section contains pre-reading material that you should read through at your leisure before the webinar.  The webinar handout you would find on the next tab – we suggest that you download and print the handout / webinar material before the start of the webinar as we will be referring to sections in the handout during the course of the webinar.

 

None

This section contains the slideshow (if used), webinar handout and important resources that we will be referring back to during the webinar. Please download and print these before the start of the webinar or have them available electronically to enhance your learning experience.

 

• Maintenance Act, Act 99 of 1989

• Regulations Maintenance Act 99/1989

• Handout: How to apply for a warrant of execution and debt attachment order

• Slides: How to apply for a warrant of execution and debt attachment order

• J306 Form

• De Rebus Journal July 2022 Ex parte writ of execution

• Case law: VDB v VDB and Others (22-11181) [2022] ZAGPJHC 271

• Case law: September-v-September-WCC-unreported-case-no-A388-11-15-2-2012

 

Lunch and Learn is a social responsibility project overseen by Oppermans Inc, a family law practice with more than 24 years of experience. The weekly webinars are provided free of charge, aimed at creating awareness on child maintenance. This webinar was pre-recorded at the end of 2023, and the information contained therein was (and still is) correct at the time of recording—the Maintenance Act or Rules has not been amended or changed since. Discussions of relevant case law dealing with specific maintenance issues are found under the “free resource library” tab on the home page.

Affidavits referred to, or templates provided, are mere examples that could be used and should be customized to your specific matter. These documents, such as affidavits cannot be considered “outdated.” The additional speakers on some of these webinars were invited guest speakers who have participated out of their free will and have no affiliation or association with Lunch and Learn.

The details contained in these webinars are for educational and informative purposes only and do not constitute legal advice. You are strongly advised to consult with an experienced legal practitioner for advice on your specific maintenance matter.