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Debt Collection Articles

Understanding Dispositions Made In Business Rescue and Liquidation: The Macneil Plastics Case

In a recent ruling by the Pretoria High Court in the case of Macneil Plastics (Pty) Ltd v Van Den Heever No and Others (2024 (1) SA 468 (GP)), clarity was provided on the interplay between liquidation and business rescue proceedings. This case highlights the...

Navigating Business Rescue and Liquidation: The PFC Properties Case Explained

Unpack the Supreme Court of Appeal’s decision in PFC Properties (Pty) Ltd V Commissioner, SARS, highlighting the critical distinctions between business rescue and liquidation, and the legal ramifications of misusing business rescue procedures under South African law.

Limpopo High Court Rules on Company Winding-Up

Explore the Limpopo High Court ruling in Rooplal N.O vs. Rezevation 4-2 Communication CC, a critical case on the winding-up of companies due to financial insolvency under South African law. Understand the legal standards for commercial insolvency and its impact on businesses.

Is a Surety’s Liability Limited to the Initial Credit Agreement? Insights from Actisol 145 CC v Seryt Tyres

Gain critical insights from the Gauteng High Court case, Actisol 145 CC v Seryt Tyres, addressing the extent of a surety’s liability in credit agreements. This pivotal judgment, led by Judge Nkutha-Nkontwana, explores whether a surety’s obligation is confined to the initial credit limit or extends to the actual debt incurred. Uncover the legal intricacies, the court’s decision, and its implications for sureties in business credit facilities

Is a Surety’s Liability Limited to the Initial Credit Agreement? Insights from Actisol 145 CC v Seryt Tyres

Jan 17, 2024 | Commercial Law, Debt Collection, Debt Prevention, Debt Review Upliftment, Debtors, Debtors book

When Your Biggest Client Doesn’t Pay: 8 Critical Steps to Protect Your Business

Mar 31, 2023 | Debt Collection, Debtors book, Litigation

As a business owner, dealing with unpaid invoices can be both frustrating and financially...

ABC’S (ALWAYS BE COLLECTING) – REASONS WHY DEBTOR’S MANAGEMENT IS A FULL TIME JOB

Jul 15, 2022 | Debt Collection, Debt Prevention

One thing that really stands out in my experience as a debt collection attorney, is that debtors...

Is reckless credit my get out of jail free card?

Sep 9, 2020 | Debt Collection, Debt Prevention

In simple terms, credit is considered to be reckless if it is clear from the outset that the Consumer will not be able to afford the repayments, or if no affordability test was done at all.
In our case study (below), the affordability test was indeed done, but it was clear that she would not be able to afford the repayments. It, therefore, seems that the credit was granted recklessly.

I Have Received A Summons – What Does This Mean?

Aug 24, 2020 | Debt Collection, Debt Prevention

I Have Received A Summons – What Does This Mean?
Having a Sheriff serve a Summons on you could often be a very scary thing! This is especially true if you know nothing about a Summons and what to do with it. In this article, Kaylee Tree discuss a few important points to remember once you have received a Summons. #Summons #DebtCollection #LetUsHelpYou #StayCalm

Get Your Debtors To Settle Their Account!

Aug 6, 2020 | Debt Collection, Debtors

Get Your Debtors To Settle Their Account! Here Are Some Tips From A Debt Collector.
A payment arrangement may be a good option when someone owes you money. However, there is nothing fun about having to hold your breath every month in the hope that they will adhere to the payment arrangement monthly and settle their account in total, at the end of it all. In this article, Kaylee Tree provides tips on how you can get your debtor to settle their account. #PaymentArrangements #PayBackTheMoney #DebtCollection

Enforcing Court Orders Against Bank Accounts

Jul 28, 2020 | Attorney, Debt Collection, Debt Prevention, Debtors, Debtors book

In this article, Cathleen Breedt looks at the process of executing debt collection Court Orders against a debtor’s bank account.

How To Negotiate On Payment Terms

Jul 3, 2020 | Debt Collection, Debt Prevention

How To Negotiate On Payment Terms with your clients can be difficult to say the least. You want what is due to you, however, having regard to the impact of the pandemic, we need to start looking at our accounts differently. If you are not willing to negotiate at...

You’ve Given A Payment Holiday, Now What?

Jun 15, 2020 | Debt Collection, Debtors, Debtors book

During the Covid-19 pandemic, many people were forced to grant their debtors, payment holidays. Times have subsequently not necessarily improved and people now need to look at recovering the debt owed to them. Some employees still have not returned to work and some...

HOW TO APPROACH BAD DEBT DURING LOCKDOWN

Apr 8, 2020 | Debt Collection, Debt Prevention, Debtors

The South African Nation is currently under Lockdown and a big question is how to approach bad debt during the lockdown. Most businesses have ground to a halt and we are holed up on our homes waiting it out. Although some business can be done remotely, it is safe to...

Advice From a Debt Collector

Mar 20, 2020 | Attorney, Debt Collection, Debtors, Debtors book

Times are tough and we put together some advice from a debt collector.

Our economy has taken a serious knock in recent times. It was frail, to begin with, and Eskom with its constant load-shedding was not making that any easier, but along came the oil war and Coronavirus which caused the entire apple cart to tumble.

WHEN CAN I APPROACH THE COURT ABOUT DEBT REVIEW UPLIFTMENT

Mar 16, 2020 | Attorney, Debt Collection, Debtors

Some time ago we wrote an article about uplifting the “debt review” record on credit bureaus and how one would go about doing so. To recap, once a consumer has applied for debt review and such application is accepted by the debt counsellor and a finding of...

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Debt Collection Articles

Understanding Dispositions Made In Business Rescue and Liquidation: The Macneil Plastics Case

Navigating Business Rescue and Liquidation: The PFC Properties Case Explained

Limpopo High Court Rules on Company Winding-Up

Is a Surety’s Liability Limited to the Initial Credit Agreement? Insights from Actisol 145 CC v Seryt Tyres

Is a Surety’s Liability Limited to the Initial Credit Agreement? Insights from Actisol 145 CC v Seryt Tyres

When Your Biggest Client Doesn’t Pay: 8 Critical Steps to Protect Your Business

ABC’S (ALWAYS BE COLLECTING) – REASONS WHY DEBTOR’S MANAGEMENT IS A FULL TIME JOB

Is reckless credit my get out of jail free card?

I Have Received A Summons – What Does This Mean?

Get Your Debtors To Settle Their Account!

Enforcing Court Orders Against Bank Accounts

How To Negotiate On Payment Terms

You’ve Given A Payment Holiday, Now What?

HOW TO APPROACH BAD DEBT DURING LOCKDOWN

Advice From a Debt Collector

WHEN CAN I APPROACH THE COURT ABOUT DEBT REVIEW UPLIFTMENT

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