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Debtors Articles

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 THERE ANY WAY TO EXIT DEBT REVIEW AFTER THE COURT HAS GIVEN AN ORDER

Jenny and her husband, to whom she was married in community of property, entered debt review five years ago and since, a Court order in terms of Section 86(7)(c)(ii) granted. Jenny and her husband, has since gotten divorced and a settlement agreement entered into...

What Should You Do If The Sheriff Threatens To Remove Assets

John has a big problem. He is living in a fully furnished flat that he is renting. The furniture in the flat is not his but belongs to his landlord. Some time ago, John made a series of bad choices that led to a few judgments being granted against him. John calls his...

Advice From a Debt Collector

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.

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Voluntary Liquidation

Liquidation is the process whereby a company or close corporation is wound up due to it not trading actively or its inability to continue trading in the normal course. The liquidation of a company will put an end to the juristic entity’s existence. When winding up a...

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Liquidation Of Insolvent Companies

As previously discussed in the article regarding voluntary liquidations where the company being liquidated is solvent, liquidation is the process whereby a company or close corporation is wound up due to it not trading actively or its inability to continue trading in...

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Writing off bad debt

Writing off bad debt can be very upsetting. You are owed the money, the services were rendered. Why must I write off bad debt? Here’s what the law says on the topic. Let’s first look at prescription What does it mean? Prescribed debt is old debt that has been written...

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What Is Surety?

Ever been asked to sign surety for debt? Should it be your child’s study loan, a bond, a car, on behalf of your company or any other debt. This is a big responsibility.  You agree to take over payment and be liable for debt should the ‘principal’ not be able to pay it...

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The most common excuses made by debtors

Ever found yourself rolling your eyes at the excuses made by debtors that was supposed to pay their account ages ago?  Working with debtors daily we found that there are a few trending excuses. Let’s have a look at the most common excuses made by debtors. The “I never...

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What Can The Sheriff Attach?

EXECUTION OF JUDGMENTS- WHAT CAN THE SHERIFF ATTACH? When a creditor is in possession of a judgment in its favour, it is in a position to execute this judgment. What exactly is execution and what goods can a creditor execute upon? What is execution? When judgment is...

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