by VDT Attorneys | Jul 7, 2016 | Debt, Litigation
Before determining when a debt prescribes, one must first understand the concept of “extinction of debts by prescription.” The Prescription Act 68 of 1969 states that “a debt shall be extinguished by prescription after the lapse of the period which in terms of the...
by VDT Attorneys | May 9, 2016 | Credit Act, Debt
As a consumer you have certain rights provided by the National Credit Act (“NCA”) which do not fall away when you default on your credit agreement. Section 129 of the NCA determines some of these rights by obliging credit providers to provide written notice to a...
by VDT Attorneys | Apr 11, 2016 | Debt, Property
Section 118 of the Municipal Systems Act (“MSA”) has been the cause of a lot of concern for home owners as this section and in particular Section 118(3) is viewed as enabling a municipality to hold a new home owner responsible for the arrear municipal debts of a...
by VDT Attorneys | Dec 14, 2015 | Collections, Credit Act, Debt
Being listed as a ‘slow payer’ is not a new term or new form of blacklisting. Being listed as a slow payer was already possible under the Consumer Affairs (Unfair Business Practices) Act 71 of 1988 where you could be listed as a slow payer with the credit bureau if...
by VDT Attorneys | Sep 8, 2015 | Collections, Debt
A garnishee order – or legally more correctly – an emoluments attachment order (EAO), is an order that can be obtained by a creditor that permits the attachment of a debtor’s salary and places an obligation on the debtor’s employer to pay specified...
by VDT Attorneys | Jul 16, 2015 | Debt, Property
In the recent judgment of Stand 278 Strydom Park (Pty) Ltd v Ekurhuleni Metropolitan Municipality the applicant sought to obtain an interdict against the municipality preventing it from terminating the supply of municipal services to the property. The municipality...