Magistrates' Courts Act, 1944 (Act No. 32 of 1944)RegulationsRules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South AfricaAnnexure 1 : FormsForm 32 : Warrant for Execution Against Property |
In the Magistrate's Court for the District/Region of ...................................................................................
held at ..................................... Case No. ........................................ of 20.........
In the matter between
..................................................................................................................... Execution Creditor
and
...................................................................................................................... Execution Debtor
To the Sheriff.
Amounts to be levied (with costs execution) Whereas in this action the said .................. of …… on the ......................................... day of ..........................., 20....... obtained judgment in the abovementioned court against the said .............................................................................. of ........................ for the several sums set out in the margin hereof amounting in all to the sum of R..........., of which R................ has since been paid;
This is therefore to authorize and require you to raise on the property of the said ........................ the sum of R.............. together with your costs of this execution and pay to the said ......................... the aforesaid sum of R............... and return to this court what you have done by virtue hereof.
R c
Judgment debt Costs ...............
...............
Cost of issuing warrant ...............
Costs of appeal ...............
SUBTOTAL
Less amount paid since judgment ................
TOTAL DUE ...............
Dated at ..............................................., this ...................................... day of ................................20....
By Order of the Court.
.........................................................
Registrar/Clerk of the Court.
......................................................................
Attorney for Execution Creditor
Address: .........................................................
.........................................................
Note—
| (1) | If the execution debtor pays the amounts specified in the margin hereof with sheriff's charges of R............ within half an hour of the entry of the sheriff he or she will not be required to pay any further costs of execution. The amount of any payment made by the execution debtor and the date thereof shall be endorsed on the original and copy hereof, which endorsement shall be signed by the sheriff and countersigned by the execution debtor or execution debtor’s representative. |
| (2) | This execution may be paid out before sale, subject to the payment of the sheriff's fees and charges of execution, which may be required to be taxed. |
| (3) | The only immovable property upon which this warrant may be executed is .............(set out its situation and nature sufficiently to enable it to be identified). |
| (4) | In case of reissue the fact and date of reissue and any increase or reduction in the amounts to be levied shown on the face hereof shall be set out in a note endorsed hereon and signed by the execution creditor or execution creditor’s attorney and by the registrar or clerk of the court. |
| (5) | Any alterations made herein shall be initialled by the registrar or clerk of the court before the warrant is issued or reissued by him or her. |