What happens if you can't pay your debt in South Africa?

Asked by: Mrs. Rosemarie Leannon MD  |  Last update: August 6, 2022
Score: 4.7/5 (58 votes)

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.

Can you go to jail for debt South Africa?

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.

How long can you legally be chased for a debt in South Africa?

A consumer has not made any payments/acknowledged the debt directly or indirectly for the time periods specified below: 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.

Can you leave South Africa if you have debt?

Yes, but you will have to explain how the personal debt will be settled, for example from local sources or from transfers from abroad. However, if you owe the South African Revenue Service (SARS) money, they will not issue a tax clearance certificate.

How can I get my debt written off in South Africa?

The debts will not automatically be written off – depending on how desperate you are, you will need to approach the National Credit Regulator (NCR) to be sure the debts won't be automatically erased. It is estimated that the law will take effect in four years.

A legal way to avoid paying off your debt in South Africa according to South African Law.

29 related questions found

Can I go to jail for not paying debt?

Although the law provides that one cannot be imprisoned for non-payment of debt, the obligation to pay what you owe another will always stand. As you may have read above, one can never escape the liability to pay, no matter how lenient you think the law is.

Does debt go away after 7 years?

In most states, the debt itself does not expire or disappear until you pay it. Under the Fair Credit Reporting Act, debts can appear on your credit report generally for seven years and in a few cases, longer than that.

How long does a Judgement stay on your name in South Africa?

A judgment is granted by the court when legal summons is issued and you fail to defend the summons or make payment of the amount claimed. 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.

How long can you be chased for a debt?

For most debts, the time limit is 6 years since you last wrote to them or made a payment. The time limit is longer for mortgage debts. If your home is repossessed and you still owe money on your mortgage, the time limit is 6 years for the interest on the mortgage and 12 years on the main amount.

What debt collectors Cannot do in South Africa?

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.

What happens if you ignore a debt collector?

Ignoring or avoiding the debt collector may cause the debt collector to use other methods to try to collect the debt, including a lawsuit against you. If you are unable to come to an agreement with a debt collector, you may want to contact an attorney who can provide you with legal advice about your situation.

Does your debt ever get wiped?

If a creditor takes too long to take action to recover a debt it becomes 'statute barred', meaning it can no longer be recovered through court action. In practical terms, this effectively means the debt is written off, even though technically it still exists.

Can debt collectors take you to court South Africa?

If the debtor has no property (movable or immovable) to sell to settle the debt the creditor may proceed with a financial enquiry in court. This is known as a Section 65A (1) Notice for the debtor to appear in the relevant court together with all his/her financial documents as proof of all income and expenses.

Which court deals with debt in South Africa?

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.

Can debt collectors take your stuff?

WHY CAN THE SHERIFF SEIZE MY GOODS? If a person or business you owe money to has a court judgment against you, that person or business (then called the “judgment creditor”) has the option of getting an order from the court to seize your goods to pay the debt you owe.

How do I check if I am Blacklisted?

To find out if you are blacklisted on one or all these credit bureaus you need to obtain your credit record from each credit bureau or you can simply click on the button below to check your Credit Reports.

What is default judgement South Africa?

If the defendant fails to serve and file a Notice of Intention to Defend after 10 (ten) court days, the plaintiff is entitled to submit a request for default judgment to the clerk of the court.

How can I wipe my credit clean?

The main ways to erase items in your credit history are filing a credit dispute, requesting a goodwill adjustment, negotiating pay for delete, or hiring a credit repair company. You can also stop using credit and wait for your credit history to be wiped clean automatically, which will usually happen after 7–10 years.

Can debt collectors come to your house?

Debt collectors don't have any special powers that can help them to collect a debt. You might find that they contact you through phone calls and letters however in some cases they may visit your home too. If a debt collector shows up at your house, you don't have to open the door to them or let them in.

How can I get out of debt collectors without paying?

There are 3 ways to remove collections without paying: 1) Write and mail a Goodwill letter asking for forgiveness, 2) study the FCRA and FDCPA and craft dispute letters to challenge the collection, and 3) Have a collections removal expert delete it for you.

How do I clear my name from credit bureau South Africa?

The simplest way to clear your name from the credit bureau is to pay off the debt. According to TransUnion, one of South Africa' biggest credit bureaus, this will usually result in your name being removed from the blacklist within 7 – 20 days.

Can you get a job if you are blacklisted in South Africa?

You have shown over a consistent period of time that you aren't able to repay your debts. And as a result, your record is blacklisted. You won't be able to apply for any other form of debt in South Africa. Lenders will search your record when you apply and realize that you are blacklisted.

How do I check if im blacklisted in South Africa?

One of the largest credit bureaus in South Africa, Transunion have an SMS option to find out if you have been blacklisted. The service can also give you your credit score, account status and a credit summary for a nominal fee. Remember, you can get one free full credit report per year.

Can a bank blacklist you?

To be “blacklisted” by ChexSystems effectively means that you have a very poor ChexSystems score. Due to a history of overdrafts, bounced checks, etc., your score is low enough that any bank considering you for a standard checking account will deny you based on your risk profile.