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Can a car sold under finance, or a suspensive condition be attached and sold in execution by a Sheriff?
I refer to the practice note published by Zibalule Wiseman Mdeni ‘Can a car sold under finance, or a suspensive condition be attached and sold in execution by a Sheriff?’ 2022 (March) DR 10. An error crept into this helpful note.
A vehicle, which is owned by the titleholder, cannot be attached in execution of a debt owing by the possessor.
As r 42(2) of the Magistrates’ Courts Rules make clear, all the Sheriff can do is attach the interest of the execution debtor in the property sold under the suspensive condition. The vehicle itself is not the asset of the possessor under a suspensive sale and cannot be attached and sold to execute the judgment debt of the possessor.
Patrick Bracher Attorneys Admission Diploma (Unisa)
is a legal practitioner at Norton Rose Fulbright SA Inc in Johannesburg.
This article was first published in De Rebus in 2022 (May) DR 5.
