Category Archives: Debt

Does TV Licence debt prescribe?

We all know the cliché “Pay your TV licence, it is the right thing to do” So yes, if you own a Television set, it is a statutory requirement that you will need a TV Licence in order to use … Continue reading

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Emolument Attachment Orders (garnishee orders) – What to know and your rights

The word “emolument” means compensation received in the form of wages or salary. An Emoluments Attachment Order (EAO) is granted by a court judgement and awards to a creditor the right to receive weekly or monthly installments from the debtor. … Continue reading

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In Duplum, ‘n feitelike uiteensetting om dit te verstaan

Vir die wat nie weet nie, die in duplum reël kom vanuit ons “common law” uit die ek dink 1800’s se jare uit, en dit bepaal dat as jy geld skuld wat jy nie terugbetaal nie, mag die RENTE op … Continue reading

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A sample letter to unlawful collectors of debt.

Dear _________,I agree to pay any financial obligation which I might lawfully owe on condition that you: 1. Provide validation of the debt, that is, the actual accounting. 2. Verify your claim against me by nothing less than an invoice … Continue reading

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How to handle debt collectors who unlawfully claim debt from you

A Serious guide to handling of Debt collectors’ phone calls and subsequent actions, by John Brandow . Print this guide out and keep it handy. It can save you a lot of grieve. No one says that you do not … Continue reading

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What is recless credit or recless lending?

The National Credit Act requires that a credit provider must carry out a financial assessment to determine the extent or amount of credit that a credit applicant can afford before entering into a credit agreement with the applicant. In performing … Continue reading

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Sequestration, what you need to know

Sequestration proceedings are designed to freeze an insolvent estate and to place it in the hands of a trustee, who liquidates it and distributes the proceeds among its various creditors. Sequestration enables you to regain normality in your financial affairs … Continue reading

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The Sheriff and right of entry

Although the law safeguards the privacy of your home, and in terms of the constitution every person has the right not to be subject to (arbitrary) searches of their person, home or property, many public officials may have the right … Continue reading

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Beware of prescribed debt

As long as consumers remain in the dark about old debt, debt collectors will continue to collect millions of rands from consumers who are not legally bound to repay, warned Fin24 debt expert, Moeshfieka Botha. The correct term for this … Continue reading

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In Duplum rule

In terms of the in duplum rule a creditor can only recover maximum interest up to the amount of the capital debt. Over the last decade or two our Courts have had a few opportunities to develop this common law … Continue reading

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