There are two primary ways to write off debt, namely prescribed and void lent. Unless you have been served with a summons issued by your credit provider or there has been no attempt to collect the debt, the debt will only need to be paid.
Personal loans, credit cards, retail accounts and vehicle loans: three years. Mortgage loans, debts by court orders and money owed to the South African Revenue Service (SARS): 30 years.
Prescribed debt could be written off
Prescribed debt refers to the debt that has not been recognised by the creditor or been paid towards for more than 36 months. This is considered old debt by creditors and may then be written off.
Typically, a credit card company will write off a debt when it considers it uncollectable. In most cases, this happens after you have not made any payments for at least six months.
Though you cannot go to jail for debt, you can be imprisoned for owing money to SARS. If this is the case, you may also be without any other option than to find out how to declare insolvency in South Africa. Keep in mind that the sequestration process is in place to ensure creditors can receive the minimum benefit.
A judgement will state that you have not paid your debt and it will reflect on your credit record for 5 years. When a judgement is granted, a creditor can apply for a warrant where the sheriff can attach goods such as your furniture and sell these to pay your debt.
Ask for a raise at work or move to a higher-paying job, if you can. Get a side-hustle. Start to sell valuable things, like furniture or expensive jewelry, to cover the outstanding debt. Ask for assistance: Contact your lenders and creditors and ask about lowering your monthly payment, interest rate or both.
Most creditors are able to consider writing off their debt when they are convinced that your situation means that pursuing the debt is unlikely to be successful, especially if the amount is small.
I respectfully request that you forgive my alleged debt, as my condition precludes any employment, and my current and future income does not support any debt repayment. Please respond to my request in writing to the address below at your earliest convenience. Thank you in advance for your understanding of my situation.
What must I do to remove the debt review status from my credit report? A: Request a clearance certificate from your debt counsellor and submit it to the credit bureau. The credit bureau will then remove the debt review status from your credit report.
Writing off your debt through a debt solution means you'll no longer owe the money, but it will affect your credit score going forward. A debt solution, whether it be bankruptcy, an IVA or some other form of insolvency, will remain on your credit file for a number of years.
Unpaid credit card debt will drop off an individual's credit report after 7 years, meaning late payments associated with the unpaid debt will no longer affect the person's credit score.
Debts you're not responsible for
You might not have to pay a debt if: it's been six years or more since you made a payment or were in contact with the creditor. there was a problem when you signed the agreement, for example if you were pressured into signing it or the agreement wasn't clear.
In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.
Your debt will go to a collection agency. Debt collectors will contact you. Your credit history and score will be affected. Your debt will probably haunt you for years.
If you continue to ignore communicating with the debt collector, they will likely file a collections lawsuit against you in court. If you are served with a lawsuit and ignore this court filing, the debt collection company will then be able to get a default judgment against you.
When you're negotiating with a creditor, try to settle your debt for 50% or less, which is a realistic goal based on creditors' history with debt settlement. If you owe $3,000, shoot for a settlement of up to $1,500.
A debt collector is not allowed to:
Use force or threaten to use force against you or your family. Physically threaten you or your family. Give, or threaten to give, information to the consumer's employer that may affect their opportunities as an employee. Serve any false legal documents.
You might be asking 'how long does debt review stay on your name? '. This usually takes five years as your borrowing history will indicate your default and payment history.
A judgment remains on your credit record for 5 years or until it is paid in full or a rescission is granted by the courts. Although not always the case, in general a consumer is listed as defaulting before a credit provider applies for a judgment.
Section 65A of the Magistrates' Court Act 32 of 1944 (“MCA”) allows for the recovery of a debt after judgment has been granted. While this form of recourse is only available in the Magistrates' Court, judgments obtained in the High Courts can be enforced through section 65M of the MCA.
At the point of receiving a Summons, you should have already received a letter of demand for the debt. The process works as follows: A Section 129-Letter of Demand must be sent to you by the creditor. This letter gives you 10 [Ten] working days to either pay the indebtedness or to defend the matter.
This type of listing usually reflects for up to 5 years or until the court rescinds the order.