Litigation

Litigation & Dispute Resolution Articles | VDM Attorneys

Navigate legal disputes with confidence through practical insights on commercial litigation, debt recovery, contract disputes, labour matters, property disputes, mediation, arbitration, and court procedures. Whether you're an individual or a business, our articles provide clear guidance on resolving legal challenges effectively.

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Debt Does Not Always Disappear When You Think It Does

A lot of South Africans believe that if they ignore a debt for three years, it vanishes. Some debt collectors know this too, and they are counting on you not understanding exactly how the clock works. This article explains when your debt genuinely prescribes and goes away, when it does not, what that "written off" note

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Read Before You Type: WhatsApp Messages, Evidence, and Binding Contracts in South African Law

That WhatsApp message you sent last Tuesday confirming the deal? It may already be a contract. The one from your director promising to pay next month? It may just have handed your creditor a liquidation order. South African courts are no longer treating digital messages as informal communication. This article explains

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Defamation in South Africa: When You Can Go to Court - and What to Expect

In the age of social media, WhatsApp groups, and online reviews, reputations can be damaged in seconds.

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How to Enforce a Judgment Against a Debtor Who Won’t Pay

Securing a court judgment is often seen as the final victory in a debt dispute. In reality, it is only the beginning. Many creditors are surprised to discover that even after a judge orders repayment, some debtors still refuse to comply. This leaves businesses and individuals facing the same cash flow pressure as befor

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Your Questions About Prescribed Debt Answered

In South Africa, debt does not hang over someone forever — the law sets strict time limits on when creditors can enforce payment. This is known as prescription of debt. For most everyday debts, such as credit cards, medical bills, and personal loans, the period is three years from the date payment was due. Other debts,

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Unpaid Invoices? What to Do When a Client Refuses to Pay

Every unpaid invoice is a direct threat to cash flow and business stability. A polite reminder may work once, but persistent non-payment inevitably becomes a legal problem. In South Africa, once goods or services have been delivered, the invoice becomes a legally enforceable debt.

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Lawyers’ Fees in South Africa – Why Transparency Matters

Legal costs should never feel like a guessing game. When you instruct a lawyer, you're placing trust in someone who holds your rights, your business, or your future in their hands. That trust collapses the moment an invoice arrives filled with unexplained charges, or when the price of resolving a dispute doubles withou

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What Do Gauteng’s New Smart Licence Plates Mean for You?

For nearly three months, motorists in Gauteng have been hearing about the province's trial of new "smart" licence plates. Marketed as a breakthrough in the fight against crime, the plates are meant to make vehicle cloning and plate tampering significantly more difficult. Yet, despite the bold promises, clarity on their

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What Is an Urgent Application - and When Can You Use One?

Court proceedings are deliberate by design. Deadlines are measured in weeks and months, ensuring each party has time to prepare. But some disputes cannot wait. If a landlord is about to change the locks, if a bank is set to freeze an account, or if assets are being moved beyond reach - ordinary timeframes leave a litigation time bomb.

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What Debt Collection Attorneys Can Do That Agents Can’t

Recovering unpaid debt is never just about persistence. Businesses and individuals often turn first to debt collection agents who phone, send reminders, or negotiate repayment. While these efforts may secure voluntary compliance, they stop at persuasion. If a debtor refuses to pay, an agent's authority ends there.

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High Court vs Magistrate’s Court - Which Forum Is Right for Your Dispute?

When a civil dispute arises, the first question is not only whether you have a valid claim, but where it should be pursued. South Africa's courts are not interchangeable. A claim for unpaid rent, for example, is unlikely to be heard in the same forum as a constitutional challenge or a multi-million rand commercial disp

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Civil Litigation Procedure in South Africa – What Happens After You File a Lawsuit?

When disputes cannot be resolved privately, civil litigation offers a structured legal pathway for resolving disagreements between individuals, businesses, or organisations. Unlike criminal cases, which involve the state prosecuting an accused person, civil cases deal with matters such as contracts, debts, property, an

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