(LL15-2023) How to apply for a warrant of execution and attachment order

MODULE

√ Pre-reading material

√ Video presentation

√ Training manual

√ Online assessment

TIME

√ Reading (15 minutes)

√ Video (45 minutes)

√ Online assessment (15 minutes)

ASSESSMENT

√ Online (15 minutes)

√ Multiple choice

√ Written assessment

AVAILABILITY

√ On demand

√ 24/7 availability

√ Email support

√ Virtual training

• 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

 

(LL03-2023) How to complete the J101 maintenance application form

Your first name:
Your last name (surname):
Your email address:
Your job title:
In which your do you operate?
The Maintenance Act is the most important instrument of enforcement of maintenance in South African law.
Which section of the Constitution protects the right of children?
Where could complaints obtain the J101 form?
Give your understanding of what paragraph 15 of the DOJ Codified instructions, code family courts –maintenance 26/2015 means:
What happens if the complainant does not have the details (work or home address) of the other parent?
If the children lives with a caregiver (such as a grandparent) can they claim maintenance?
I am asked how much (amount) the claimant can get for maintenance. How would you answer?
Can a complainant claim winter / summer / Christmas clothes as part of the maintenance order?
How is the expenses split between the parent and the children? Which approach is followed in Courts?
Name 3 difficulties that complainants encounter when completing the J101 form:
Submit assessment

Introductory training video

Maintenance officer specific training video

If your have any enquiries / questions relating to this module, please send us an email using this form and one of our panel of attorneys will respond within 24 hours.