Small Claims Courts Act, 1984 (Act No. 61 of 1984)

Chapter VII : Execution

39. Inquiry into financial position

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(1)When a court grants judgment for the payment of a sum of money, the court shall enquire from the judgment debtor whether he is able to comply with the judgment without delay, and if he indicates that he is unable to do so, the court may, in camera, conduct an inquiry into the financial position of the judgment debtor and into his ability to pay the judgment debt and costs.

 

(2)After such an inquiry the court may—
(a)order the judgment debtor to pay the judgment debt and costs in specified instalments or otherwise;
(b)[Subsection (2)(b) deleted by section 5(a) of Act 63 of 1989]
(c)suspend the order under paragraph (a) either wholly or in part on such conditions as to security or otherwise as the court may determine.

[Subsection (2)(c) substituted by section 5(b) of Act No. 63 of 1989]