DMBM660290 | Summary proceedings: Payment made before hearing in the magistrates court

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Payment in cash or by bankers draft

If the debtor pays the debt in cash, by debit card or by bankers draft on receipt of the summons, you must tell the court at least 2 days before the hearing that you have withdrawn the complaint. You may do this by fax, provided you have agreed this with the court office before hand. Although the case will remain listed for hearing, the court will enter the withdrawal in the court register.

It is important to notify the court before the hearing wherever you can, because withdrawing cases in person at a hearing is time consuming and unproductive for both you and the court.

At the same time notify the debtor that you have withdrawn the complaint and that there isno need to attend the hearing.

Payment by cheque

If the debtor pays the debt by cheque, it is advisable to tell the court that the debt has been paid by cheque but you wish to adjourn the hearing for at least 14 days to allowthe cheque to clear. You should write to the debtor and advise him what you have done.

At the next hearing date, if you do not receive notification that the cheque has dishonoured in that time, you should withdraw the complaint and advise the debtor that there is no need to attend the hearing.

Payment dishonoured

If a payment by cheque is dishonoured after you have withdrawn the proceedings youshould

• arrange a new hearing date

• inform the debtor in writing of the new date and

• ask for an order for payment of the full debt and costs at the hearing.

Part payments

If part payment is made you should advise the court of the amended amount due and at the hearing request an order for that amount and costs.

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