Some of the services Faizel Kara Attorneys has to offer include:
Rescission of Judgment applications
- A rescission of judgment is usually required when any party to an action has taken judgment against you either lawfully or unlawfully. The individual or institution that has taken a judgment against you will be indicative on your credit report. This has an extremely negative impact on your credit rating and should be removed as soon as possible once you are aware of it. The procedure involves a Magistrate’s Court or High Court Application accompanied by an affidavit.
Issuing and defending summonses
- Should any person or business wish to institute a claim against another for monies and / or goods owed, or for damages, (ex. pain and suffering) this may be achieved through issuing a summons. At any point in time, an individual or business may also be in receipt of a summons. In order to avoid judgment being granted, it is essential that the summons is defended as soon as possible.
Issuing and defending divorce summons
- Should a married couple feel that their marriage is no longer on that can survive any degree of assistance and / or counselling, one party may summons the other for divorce. The party that sues for divorce will issue a summons against the other spouse and the party that receives the summons will defend same, should they choose to do so. Failing which, the matter may be settled.
- In the event that clarity is required within a specific area of the law or with respect to a certain problem, the matter may be researched whereby it may be explained through drafting a memo for the client to peruse.
- Residential and business premises may encounter tenants that either refuse or neglect to vacate a premises for one of many reasons. This situation usually arises through the failure of the tenant to pay the agreed amount of monthly rental or refuses to leave despite the termination of the lease agreement. Eviction of the tenant can be achieved through issuing a summons or making an application to the Magistrate’s Court or High Court. Assistance can also be provided to tenants that are unlawfully evicted from their homes.
- Should a client require additional information or what form of argument(s) are available to attend to the problem at hand, the matter may be examined in order to determine the strength of a possible argument and then presented to the client in writing.
Debt review applications
- Debt review is a process whereby an individual , who is not in a position to pay his / her monthly commitments to his / her creditors in full, tenders reduced installments to the creditors based on the income of the individual. This enables the individual to still retain possession of his / her assets with peace of mind knowing that his / her creditors are being paid.
Sequestration / Liquidation applications
- In the event that an individual or business has reached such a stage of debt that there are no further means of recovery within the situation, sequestration is then an option to consider. However each case is determined in accordance with its own merit. A sequestration is achieved through an application i the Magistrate’s Court or the High Court.
- Once a client has sequestrated, you will have to be rehabilitated in order to acquire credit again or even assume certain business positions. Rehabilitation does take place automatically after 10 years, however should you require this sooner, it will have to be done through a High Court application.
- Medical negligence can arise through plastic surgery, medical malpractice, post operative surgery etc. In these cases, assistance is given to the client to retrieve sufficient compensation in relation to the degree of negligence / malpractice that is present. It is important to note that many medical practitioners and hospitals are victims of unsubstantiated medical claims. Assistance is also provided to medical practitioners and hospitals in this respect.
Matters concerning the National Credit Act 34 of 2005
- As there are many issues that are currently governed bu the National Credit Act, Faizel Kara Attorneys maintains a healthy knowledge in this area of legislation from contracts to debt counselling / debt review.
- Demonstrate ability to understand financial goals, operate asset in owners’ best interest in accordance with Policies & Procedures Manual. Maintain accurate records of all community transactions and submit on timely basis (i.e., rent rolls, delinquency reports, move-in/move-outs, etc.). Prepare annual budgets and income projections in a timely and accurate manner. Ensure that all rents and late fees/check charges are collected, posted and deposited in a timely manner. Generate necessary legal action, documents and process in accordance with State and Company guidelines. Ensure property is rented to fullest capacity. Utilize marketing strategies to secure prospective residents. Confirm that leasing staff techniques are effective in obtaining closing. Confirm that leasing staff gather information about market competition in the area and file. Confirm all leases and corresponding paperwork are completed and input to software system accurately and on a timely basis. Ensure current resident files are properly maintained. Ensure all administrative paperwork is accurate, complete and submitted on a timely basis. Represent the client in a professional manner at all the times.
Drafting agreements / contracts
- This encompasses many forms of agreements / contracts. Some of the contracts Faizel Kara Attorneys can assist with include:
- Antenuptial contracts. This determines the marital regime that is to be applicable between the parties. Parties can either be married in community of property, our of community property or out of community property with the application of the accrual system. All of these systems carry different consequences.
- Employment contracts. These determine the terms and conditions that are to be applicable in the employer – employee relationship. Factors that are included are salary, hours of work, overtime, job / duty description, leave etc.
- Non-disclosure agreements. Should there be any matter discussed or to be discussed that requires confidentiality, all parties associated thereto may sign such an agreement in order to protect any information shared within the discussion that should not be disclosed.
- Acknowledgment of debt. This is an agreement that is used in order to confirm the indebtedness of one party to the other. In addition, the agreement provides for specific payments to be made on a monthly basis. Should the debtor fail to make the necessary payments or make them timeously, judgment may be taken against him / her.
- Contract / deed of sale. Should a client wish to sell movable / immovable property, a contract / deed of sale will be required in order to validate the sale as well as confirm the terms and conditions therein.
- Other contracts include lease agreements, agency agreements, brokers agreements, service level agreements, sale of business agreements, surety / credit guarantee contacts, wills and trusts, retainer agreements, artificial insemination contracts etc.
Company / Close Corporation registrations
- Company registrations are required should you wish to register your own business. This can include a public company (Ltd), a private company [(Pty)Ltd] or a close corporation (CC). However, close corporations will no longer be able to be registered after the end of 2010.
Judicial Management applications
- Judicial management is a process whereby a company is in financial difficulty but with enough effort and efficient management, the situation can be rectified and the company can regain financial confidence. This is achieved through a High Court application. A judicial manager is appointed to assume control of the company in order to determine it’s financial status as well as to implement a strategy for the future of the company. This option is not available to Close Corporations.
Magistrate’s Court, High Court and urgent applications
- There are many remedies in our law that can only be acquired through applications in either the Magistrate’s Court or the High Court. An example is an interdict. Other applications include appeals and reviews. Depending on the merits of each case, the court(s) can be approached on an urgent basis for a varied amount of remedies which provide speedy relief for the client.
- See “rescission of judgment applications” previously.
- All businesses and individuals are at some point in time faced with people / companies that fail or neglect to timeously pay their debts. Faizel Kara Attorney’s achieves this purpose through the issuing summons if necessary. However, there are other alternatives available to parties that wish to settle amicably.
- More often than not, many disputes can be settled through drafting appropriate letters whereby the necessary legal issues regarding a dispute are addressed. This is a simple and cost effective means in an initial attempt to resolving a dispute.
- Negotiating deadlines are key in business transactions that require more time. Many elements are present in internal and external surrounding circumstances that justify an extension of time for successful completion. Faizel Kara Attorney’s can assist with this.
Comparing contracts and assessing clauses and risks associated with contracts
- Contractual transactions of minimum or maximum volume often require risk analysis and assessment in order to determine the risk (if any) associated thereto. This is done by analyzing the contracts with respect to its clauses, therby determining the advantages and disadvantages associated thereto.
- Faizel Kara Attorney’s is in a position to advise businesses and individuals as to specific transactions that require more clarity. The client is consulted with and is then advised accordingly in relation to their query. This process is similar to contractual risk analysis as explained above.
- It i vital that one considers drafting a will. Doing so minimizes administrative difficulties after the death of an individual and furthermore provides a lot of clarity during a time of such grief. A will is a document that provides for the distribution of ones estate after your death.
South African family law
- We assist, mediate and represent in Partnership Contracts, Marriage Contracts and Divorces & Divorce Settlement Agreements. Faizel Kara Attorneys can help families in matters relating to domestic issues such as domestic violence, child abuse, abuse of the aged, maintenance issues, marital conflict, guardianship, adoption and any other areas of family conflict requiring counselling and / or legal resolution. Our service incorporate addressing the fringe effects of family upheavel such as counselling, protection and channeling subjects towards the correct help facilities that will afford them the best possible assistance such as medical help or SAPS intervention.
Islamic family law
- Drafting wills, Partnership agreements, Mediation, Marriage contracts, Administering of estates, Divorce settlement agreements.