As an added service of Legal Talk South Africa, we will help you with your application for a spoliation order to the court closest to you that handles such motions. You just need to do all the footwork by serving the documents we will prepare for you, and you will also attend the court in person, representing yourself. Please note that this service is to do the initial application documents for you in your own name, to get the ball rolling. It does not include any further litigation, should your application gets defended by the other party. Rest assured, the defense on a spoliation application will rarely be successful by the other party, as there are not that many defenses to it.  The steps you should take, before you apply for this service, is as follow:

1) Read this article first to understand spoliation: READ HERE

2) Have the answers to the following questions ready as soon as you speak to our online lawyer.

  • The full name of the applicant? (including ID number and address)
  • Where is your nearest High Court or Magistrates Court?
  • If you are not within 15 km of such a court, please supply an address of anyone you know who are within 15 km of such a court who can receive documents from the court or the opponent on your behalf.
  • The name, address, and if possible the ID number of the opponent.
  • A Factual description of what happened, and when it happened, including a description of what was taken from you.
  • How long were you in possession of the thing that was taken from you?

3) The lawyer will ask you any other questions relevant to your individual case, but having the above answers ready will save plenty time.

This service is meant for simple applications, such as but not limited to tenants locked out of their houses by Landlords, tenants who’s Landlords switched their electricity or water off, when a landlord took your belongings without a court order, when your partner took back a car you were using, depriving you from the use of it, etc. These are examples of simple applications, where the outcome can almost be guaranteed as in your favour. You have to take note that such applications is almost always on an urgent basis, so you need to act immediately, one cannot apply for spoliation if the action happened too long ago. If you are unsure about anything, then first click on the “ask a lawyer” button to get advice if you do have a case, or go ask in our FB group first.

When you ready to proceed, you can click on the pay now button below, this service will only cost you R 550.00 and you will save about R 5000.00 by using this service.


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