Sequestration - Mpumalanga 

Sequestration allows a consumer to make a fresh financial start by writing off 60% of their debt.

Sequestrating in Mpumalanga 

 

Each Province has different legal costs where sequestration is concerned. The costs vary depending on the advocate used and also costs involved in notifying credit providers of the process. In Gauteng 75% of the debt is written off and the remaining 25% is paid off over 18-24 months. A consumer can also pay the 25% in full using retrenchment, pension payouts or through family assistance.

Sequestration is a process instituted by the Courts to help persons that are no longer in a position to meet their debt obligations to credit providers or collection agencies. This is usually due to unforeseen circumstances.

By writing off debt legally through the courts a consumer is able to return to a normal financial situation,  enabling the consumer to live within their means again. This process also relieves the financial stresses that come with being burdened financially and the relentless calls from Credit Providers will stop.

 What is Sequestration - Mpumalanga 

 

If as an individual you are unable to service your debt obligations, an application can be made to write off 60% of your debt by Sequestrating your estate. In instances where an individual has a large amount of unsecured debt, taking more than 5 years to settle, Sequestration is a better option than Debt Review or Debt Management. It is the best legal mechanism  an individual has access to in South Africa to manage debt problems. Not only is the debt owed reduced, but also the repayment term.

 

 Sequestration Process -- Mpumalanga  

1. Government Gazette

An advert is placed in the Government Gazette and The Citizen. This will prevent any further legal procedures against you i.e. execution notices, seizure of your movable and/or immovable property, etc.

 

2. Ability Statement

An ability statement is drafted that you must sign before a Commissioner of Oaths. This document is lodged for inspection at the Master of the High Court for 14 days or with the local Magistrate in the area in which you reside.

 

3. Notice to Credit Providers

Registered letters are forwarded to all your Credit Providers giving notice of the surrendering of your estate. Your Credit Providers will then contact the attorney on record for information. A copy of this letter will also be provided to you to enable you to present it to your creditors if necessary.

 

4. SARS

The South African Revenue Services are also notified, even if you are not registered with SARS. If you are a registered Tax Payer you are required  to apply for a new tax number as you are starting a new estate.

 

5. An Advocate will appear on your behalf in court

On the day of the Court proceedings an Advocate will represent you. There will be no need to attend any court hearing in person.

 

6. A Curator is appointed 

After the application has been approved and granted by the Court, a curator is appointed to handle all financial matters on your behalf. The curator will contact you in order to arrange a consultation to explain the details to you.

 

7. The amount you pay back is determined by the Court

The Court Rules will determine the percentage you pay back - please see example below. A fixed fee is already included in the amount payable and in doing so you will not be caught off-guard with unexpected Attorney or Curator costs after Sequestration. The benefit of this approach is that the repayment amount does not accrue interest.

 

8. Moveable Assets

As your estate is surrendered, the moveables are supposed to be sold on auction and the proceeds must be used to the benefit of your Credit Providers.  However, arrangements can be made with the Curator to settle the amount in installments over 18 months with written permission from the Curator. Therefore, should you owe R50,000.00 you can arrange installments of R2,777.78 per month for 18 months – there are no further interest or other costs thereon.

The above does not apply if you are able to pay the 25% in full using cash from retrenchment money, pension payouts or through assistance from family.

 

9. To generate the money in terms of the Rules of Court the following is done:

You will receive a document, requiring you to list all moveables. You must identify your assets on the document and describe each item. This document will be forwarded to the Valuator, who will arrange a meeting with you, to establish the value of the items. *No furniture will be removed or sold. Movable assets are merely used as security while you are paying your installments over the 18 months. 

The above does not apply if you are able to pay the 25% in full using cash from retrenchment money, pension payouts or through assistance from family.

 

10. Granted Application

As soon as the application has been approved and granted, the Curator will contact you to confirm the details in respect of your assets. * Failure to comply with the arrangements made with the Curator will result in removal of the furniture. *This does not apply if the 25% is paid in full.

 

Progress updates for Sequestration rehabilitation will occur on a weekly basis, at which time you will be updated with the latest developments with your application.

 

 Benefits of Sequestration - Mpumalanga  

1. Your Salary

Your salary and other income is still your own and you do not have to pay any Credit Providers.

 

2. Friends, Family Employers

Only your Credit Providers are notified of the process and not your employer or any other person. You will not be discharged from your work because of it.

 

3. You will not have to attend Court

 

4. Vehicle on hire purchase or lease agreement

Your Curator may arrange with your financial institution (the bank) to keep your vehicle and if your installments are up to date, to enter into a lease agreement.

5. Debt Counselling vs Sequestration

It takes 5-7 years to become debt free through Debt Review and only 2-4 years if you sequestrate. 2 Years if you are able to pay the 25% in full and 4 years if you pay off the 25% over the 18 months.

 
 Disadvantages of Sequestration - Mpumalanga  

1. Length of Insolvency

You will be insolvent for at least the next 2-4 years. There are circumstances where you can apply for Sequestration rehabilitation earlier, keep in mind that this is an exception rather than the rule. 

 

2. Credit Worthiness

For your insolvency period, you will not be credit worthy. You may receive permission from you Curator in certain circumstances for example when you need to purchase a vehicle – this permission will only be granted on discretion by the Curator and then the financial institution will require someone to stand as security.

 

3. Incurring New Debt

You may not have a cheque account or a credit card facility. You may under no circumstances engage in any debt arrangements or incur new debt without explicit permission from your curator.

 
 Cost of Sequestration - Mpumalanga  

Here are some examples If you currently owe:

 

If you currently owe R100,000 to Credit Providers, you will only pay back approximately R25,000.

The R25,000 is divided over 18 months @ R1,388 per month.

 

R200,000.00 to Credit Providers, you will pay back approximately R50,000.00.

The R50,000.00 is divided over 18 months @ R2,777 per month.

 

* Please note that these are approximate figures and should not be used to determine your own status.

Request a quote and we will provide you with exact figures. There is no obligation to proceed if the quote does not assist you enough financially. There are also no upfront costs for obtaining a quote.

 
  Sequestration - Frequently Asked Questions 

1. What will happen to my vehicle?

Should the installments on the vehicle be up to date, financial institutions may be willing to consider your request to keep the vehicle more favorably and may result in you being able to keep the vehicle. Please keep in mind that there is no guarantee of you being able to keep the vehicle.

 

If the vehicle is paid off already you can keep the vehicle. 

 

If you are married out of community of property and the vehicle is in the name of the spouse who is not applying for Sequestration, then you can also keep 

Contact Number:

011 504 2914

 

Mobile Number

061 487 2122

Email:

admin@greendebt.co.za

 

Website:

www.greendebt.co.za

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