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Myths About Legal Action

- Featured article by LAWYERS-ONLINE.CO.ZA

Not everything you hear abo ut taking legal action is true. Know the facts.

Choosing whether to pursue a matter or walk away is never an easy decision.

The first and most common myth - legal action is expensive: Sometimes all that is needed is one consultation with an attorney, giving you a reality check of the facts at hand. If further steps are necessary, the starting and ending point could be as easy as a letter of demand.

Most debtors fear this, and, if they are by the means, will pay as soon as they receive one. This is not costly. There may be other ways to resolve an issue without litigation.

One has to weigh up the costs first. If the debt is under R5000.00, then perhaps walking away would be the better option. The legal fees involved in claiming your back should not exceed the amount owed – that would be a losing battle either way.

The second myth - taking legal action is pointless. We live in a country where corruption is rife. While many of us feel that the justice system fails us on a daily basis, there is hope.

South Africa's courts have a reputation of being fiercely independent and professional, giving well - considered judgements without fear or favour – this has been proven time and time again.

The third myth – legal action is only worth pursuing if you have the evidence, in writing that is: True? Not always. One can rely on oral evidence. Just because it’s not in black and white, does not mean you don’t have a case. There are other aspects to consider as well.

Choose your battles wisely.

Date: 1st November 2013

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