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Magistrates' Courts Act, 1944 (Act No. 32 of 1944)

Part II : Civil Matters

Chapter IX : Execution

74H. Inclusion of creditors in list after granting of administration order

 

(1) Any person who becomes a creditor of the judgment debtor after an administration order has been granted and who is desirous of providing proof of debt, shall lodge his claim in writing with the administrator, who shall thereupon advise the debtor thereof in the form prescribed in the rules.

 

(2) If the debtor admits the claim or does not dispute it within the period allowed in the notice referred to in subsection (1), the provisions of section 74G(3) shall, mutatis mutandis, apply, but the creditor shall not be entitled to a dividend in terms of the administration order until the creditors who were creditors on the date of the granting of the order have been paid in full.

 

(3) If the debtor disputes the claim within the period allowed in the notice referred to in subsection (1), the provisions of section 74G(4), (5) and (6) shall, mutatis mutandis, apply but if the court allows the claim as a whole or in part, such claim shall be subject to the rights referred to in subsection (2), of creditors who were creditors on the date on which the administration order was granted.

 

(4) The provisions of section 74G(7), (8) and (9) and of subsections (1), (2) and (3) of this section shall, mutatis mutandis, apply to any person who after the granting of an administration order sold and delivered goods to the debtor under a credit agreement as defined in section 1 of the National Credit Act, 2005 (Act No. 34 of 2005), and is desirous of providing proof of debt.