Can you go to jail for debt in south africa

Can You Go to Jail for Not Paying Your Bills?

can you go to jail for debt in south africa

3 Reasons Why You Should Not Pay Your Debt

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New court rules make it harder for repossessed homes to be sold for a pittance. How to defend your home against bank foreclosure. Bank pays home owner R, after being caught in insurance rip-off. The debt collection scam. FNB sells R1,4m property for R10, - move along, nothing to look at here. Congratulations, your mortgage arrears have been extinguished. How to save your house from bank repossession.

Often collectors will try and find a way to trick you into acknowledging the debt during communications, and if you play into their hand and admit to knowing.
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There have been lots of harassment incidents from debt collectors because many people do not really know their rights and the extent to which debt collectors can act according to the law. This is why understanding the legal backup and the limits of such agencies is vital when you are dealing with them. As such, this article provides you with essential information on the powers of debt collection agencies as well as what the law forbids them from doing to you. Issues like prescribed debt, when legal actions can be taken, the rights that you have and much more are all discussed. As much as possible, it is necessary for you to pay your loan as a customer to avoid any forms of accusations of irresponsibility, negligence and so on. While the law does not encourage non-payment of loans, some laws govern loan collection.

Dealing with outstanding debts may not be the first thing on your mind at a difficult time like this, but it will make things easier in the future if you do. For example, they may be able to start court action or make you bankrupt. For example, if you have rent arrears, your tenancy could be ended and you could be evicted. If you have gas or electric arrears , the provider could apply for a warrant to disconnect your supply or fit a pre-payment meter. Access to a phone will be limited, so it'll be easier to ask someone else to do this on your behalf. You can take steps while inside to deal with your debts, for example by going bankrupt, but this can be harder to arrange. As we offer help by phone or online, it may be difficult to contact us from inside.

If you owe debts, the truth is that legally they can be handed over as soon as 20 working dates after the expense is incurred. So if you think you not be able to make a payment, your first port of call is to try to make a payment arrangement with the company you owe money to. Most companies will gladly accommodate a payment plan of up to three months. If you have, however, already missed a couple of payments, a debt collector or attorney may start to contact you. This means your debt has been handed over and your case is now sitting with a third party. From there, you will start receiving some stressful smses, emails and phone calls explaining how your debt is urgent and the fees are mounting up. The first step is to determine whether your debt has been handed over to an attorney or a debt collector, because you will need to lodge any complaints with different bodies.

Free yourself from debt slavery - how to stop paying interest, bank charges and collection costs

Many people are familiar with those dreaded letters from the furniture store, cell phone company or clothing chain notifying the customer that they are in default of their credit instalments and must urgently pay up, seek debt assistance or face legal action., People often, wonder, "Can I go to jail for not paying my bills?

The police came sometime after midnight. Farieda Coetzee had been doing the dishes and went to see what the fuss was all about at her gate. There she found herself arrested, hustled into the back of a van and then taken to the local prison. Her crime? The imprisonment of debtors has been common in South Africa, almost always involving the desperately poor. But last week, the country's highest court ruled the practice unconstitutional, ending a system that at its peak sent more than , people a year to prison.

In other words, it is no longer up to the consumer to know about the Prescription Act in order to raise it as a defence and avoid having to pay an old debt. Within minutes of my short piece on a prescribed debt case being published on Times LIVE last week, my inbox was awash with e-mails from people desperate for more information. Some were being hounded for old debts and had heard about prescription for the first time. For many of them it was too late - they had already caved in to pressure and started paying. The Prescription Act is a odd piece of legislation. It was intended to incentivise credit providers and their collectors to collect debts from lapsed payers quickly, rather than sit on them for years before tracking down and leaning on people to pay a debt which, by then, had been bloated with interest and costs. In many cases, the bank or retailer wrote off the debt and sold it on to a debt collector for a song, and that collector - or possibly the one it sold it on to - is collecting for its own account, not that of the bank, retailer, gym, etc.


  1. Bernadette V. says:

    Your Rights: How to Stop Debt Collectors Hounding You

  2. Aiglentina B. says:

    A Fin24 user wants to know if one can go to jail for not paying your debt. Can one go to jail when not paying debt - like bank loans - when one has a judgment and made no payments? You cannot go to jail for not paying your debts when there is a judgment against you.

  3. Isod H. says:

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