| (1) |
If any person (in this section called the defendant), upon receipt of a letter of demand or service upon him or her of a summons demanding payment of any debt, consents in writing to judgment in favour of the creditor (in this section called the plaintiff) for the amount of the debt and the costs claimed in the letter of demand or summons, or for any other amount, the court may, on the written request of the plaintiff or his or her attorney and subject to subsection (1B)— |
| (a) |
enter judgment in favour of the plaintiff for the amount of the debt and the costs for which the defendant has consented to judgment; and |
| (b) |
if it appears from the defendant’s written consent to judgment that he or she has also consented to an order of court for payment in specified instalments or otherwise of the amount of the debt and costs in respect of which he or she has consented to judgment, order the defendant to pay the judgment debt and costs in specified instalments or otherwise in accordance with this consent, and such order shall be deemed to be an order of the court mentioned in section 65A(1). |
| (1A) |
If the defendant consents to an order of court for payment in specified instalments referred to in subsection (1)(b), the consent must— |
| (a) |
set out full particulars of his or her— |
| (i) |
monthly or weekly income and expenditure, supported where reasonably possible by the most recent proof in the possession of the defendant; |
| (ii) |
other court orders or agreements, if any, with other creditors for payment of a debt and costs in instalments; and |
| (b) |
indicate the amount of the offered instalment. |
| (1B) |
The written request referred to in subsection (1) must be accompanied by— |
| (a) |
the summons or if no summons has been issued, a copy of the letter of demand; |
| (b) |
the defendant’s written consent to judgment; and |
| (c) |
if the defendant consents to an order of court for payment in specified instalments referred to in subsection (1)(b)— |
| (i) |
the written consent; and |
| (ii) |
the full particulars and documentary evidence referred to in subsection (1A) in order for the court to be apprised of the defendant’s financial position at the time the defendant consented to judgment. |
| (a) |
may request any relevant information from the plaintiff or his or her attorney in order for the court to be apprised of the defendant’s financial position at the time the judgment is requested; |
| (b) |
must act in terms of the provisions of the National Credit Act and the regulations thereunder dealing with over-indebtedness, reckless credit and affordability assessment, when considering a request for judgment in terms of this section, based on a credit agreement under the National Credit Act; |
| (c) |
may, if the defendant 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, authorise an emoluments attachment order referred to in section 65J; and |
| (d) |
may, notwithstanding the defendant's consent to pay any scale of costs, make a costs order as it deems fit. |
| (2) |
The provisions of section 57(3) and (4) apply in respect of the judgment and court order referred to in subsection (1) of this section. |
| (3) |
The provisions of this section apply, subject to the relevant provisions of the National Credit Act, where the application for judgment is based on a credit agreement under the National Credit Act. |
[Section 58 substituted by section 6 of Notice No. 769, GG 41017, dated 2 August 2017
Housing Development Agency Act, 2008
