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For A Laugh

Here is a funny courtroom story from Cornel van Heerden of VHT Attorneys, who specialise in debt review matters. 

It is about a rather strange day in court.

Here Is What Happened

Cornel says: ‘One of the most interesting debt review matters we’ve ever argued reminded me that no amount of preparation protects you from the unexpected.

We were instructed on a debt review court application in a small rural court in Mpumalanga. All the credit providers had accepted the debt counsellor’s proposal, except SA Home Loans.

The matter was postponed several times while we attempted to reach a settlement with SA Home Loans on the repayment amount. Eventually, we agreed that the case would have to be argued. Oral argument was set.

On the day, we arrived fully prepared.

As usual, we placed ourselves on record for the applicant (the Debt Counsellor) and the consumer, stating the consumer’s surname.

Then we argued passionately.

We painted a picture of financial distress. Of a consumer doing everything possible to repay their debts. Of why the National Credit Act exists: to give people a fighting chance, not a free pass.

The magistrate listened.
The opposing attorneys listened.
The court transcriber typed every word.

SA Home Loans argued that debt review was not the right solution.

After the reply, the magistrate adjourned for an hour to consider his decision. Thirty minutes later, the magistrate suddenly returned and furiously demanded that we attend his chambers.

Why?

Why the sudden commotion?

The consumer whose hardship we had just argued was…the magistrate’s clerk.


The same clerk who had transcribed every word of the argument.
The same clerk who had sat silently in the room through multiple prior appearances.

The magistrate had initially missed it too. He had no choice but to recuse himself.

With no other magistrate available in the area, SA Home Loans decided to settle.

Lessons learned

    1. Know your parties, even when they aren’t your direct client.
    2. Courts are human places. And humans miss things.’

This is no doubt a very unusual set of circumstances and rather funny. We are glad things turned out for the best for the consumer and all the credit providers. At least now that local court now has someone who knows a lot about how debt review works.

Thanks to Cornel and VHT for sharing.