If you are being harassed by debt collectors, you may need to hire a debt collection attorney. A debt collection attorney can help protect your rights and make sure that you are treated fairly. A debt collection attorney will look at all of the factors involved in your specific case and let you know if they think you have a chance of winning. Below are some of the frequently asked questions about debt collection.
Can I go to jail for debt in 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. Keep in mind that the sequestration process is in place to ensure creditors can receive the minimum benefit.
What are the rules regarding the debt collection process?
Those rules include: They must identify themselves as a debt collection agency and give their name and the address of the collection agency. They must tell you the name of the creditor (company or person you owe), the amount you owe, and how you can dispute the debt or seek verification of the debt.
What is the Debt Collectors Act of South Africa?
The Act provides for the exercise of control over the occupation of debt collectors and legalizes the recovery of fees or remuneration by registered debt collectors.
What is the law on old debt?
According to the Prescription Act 68 of 1969, a debt is prescribed if, during the past three years the consumer did not; admit to owing on the debt, either verbally or in writing; make payment towards the outstanding amount; The lender has not taken legal action against the consumer.
What happens if you ignore debt collectors?
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.
What debt collectors can and Cannot do?
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
Do debt collectors give up?
Debt collectors will chase you for a long time to get paid for what you owe. At the end of the day, it is their job to make sure the debt is paid, so they will do whatever they can to collect the balance.
How can I get out of debt collectors without paying?
There are 3 ways you can remove collections from your credit report without paying. 1) sending a Goodwill letter asking for forgiveness 2) disputing the collections yourself 3) working with a credit repair company that can dispute it for you.
How likely is it a debt collector will take you to court? & how often?
On average, debt collectors take debtors to court around 15% of the time. The worse news? When they do, you often have to pay litigation fees and may be stuck with a judgment and a collections record on your report.
A debt collection attorney can help you with all of these issues and more. They can be your advocate in court, negotiate an offer in compromise, work to settle your debts on your behalf, and determine which debts are legitimate. If you need help dealing with creditors or if you have been sued by one of them, then contact a debt collection attorney today!
This article was first published at https://topclickblogs.co.za/a-debt-collection-attorney-is-there-to-protect-your-rights-and-make-sure-that-you-are-treated-fairly/