The ruling is valid for 30 years and clearly states that you have not paid your debts in accordance with the credit agreement. To combat historic debt, there are a few options available to consumers. When making credit decisions, credit providers assess a consumer’s debt portfolio in various ways to determine credit risk. If they had not paid or acknowledged this debt for a specific period of time (depending on the type of debt, this could only be three years or up to 30 years), the debt could be prescribed.
What happens in South Africa if you can’t pay your debts?
The debt advisor will communicate directly with your lenders to negotiate interest rates and repayment terms with the aim of reducing them. Credit cards and business accounts can be blocked if you, as a debtor, do not pay your installments on time and regularly. Also known as an attachment order, the creditor asks your employer to deduct money from your monthly salary and pay the creditor with this money on your behalf. When a verdict is passed, a creditor can apply for an arrest warrant that allows the sheriff to install goods such as your furniture and sell it to pay off your debts.
Can you go to jail for debts in South Africa?
Debt counseling can help you better understand your finances and debts and work with you to create a plan to achieve your goals. You can’t get arrested or go to jail just because you’re overdue due due due to credit card debt or student loan debt, for example. Remember that the sequestration process is set up to ensure that creditors can receive the minimum benefit. In that case, you may also have no other option but to find out how to file for bankruptcy in South Africa.
References:
- MONEY CLINIC | I'm unemployed and unable to pay my debt – what should I do? | Fin24
- https://www.abletrac.co.za/Articles/entryid/1866/what-actions-creditors-can-take-against-you
Barry Ritholtz is a renowned finance expert, author and blogger. With over 30 years of experience in the financial industry he has gained a reputation as a thought leader and influencer in the investment community.