Tag Archivesdebt collection

Service of a letter of demand, does it interrupt prescription?

Introduction Prescription of a debt can be described as “old debt” in which creditors may not institute legal proceedings to collect monies owed to them, by law. The Prescription Act provides that the period of prescription is a period 3 years in respect of an ordinary debt. In certain instances, prescription may be interrupted in […]

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mental health

The Digital Age – Contracting and Debt Collection

The concept that digital contracts are negotiated and concluded over multiple platforms across the globe has moved from a futuristic idea to reality. The use of Conference calling, Skype, email, fax, Dropbox, Facebook, WhatsApp, SMS and printable webpages and other telecommunication platforms are used to interface and conclude digital contacts in the 21st Century, but […]

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Collection of tuition fees

Collection of Tuition Fees by Declaration of Immovable Property Executable- Difference between Public and Independent Schools

In celebration of Nelson Mandela Day on 18 July 2018, SchoemanLaw Inc. will be reviewing the effect that Nelson Mandela has had on South African Law. Nelson Mandela signed the Constitution of the Republic of South Africa, 108 of 1996 into Law on 10 December 1996 (hereinafter the “Constitution”). The Constitution was the finalisation of […]

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mortgage debt

When may a Debt Collector legally recover money? Know your rights as a Debtor!

Today, more and more South Africans are over indebted, or have at one stage of their lives been over indebted and had to deal with the unpleasantness of threats and demands received from Debt Collectors. It also is becoming quite common for Debtors to be constantly harassed by Debt Collectors to make payment on accounts […]

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The execution process and the effect that judgment may have on a debtor’s moveable and/or immovable property

Once a judgment has been obtained against a Debtor through action proceedings, the Debtor is obliged to settle the judgment debt or make an arrangement with the Creditor to pay off the said debt. If a Debtor does not settle the judgment or approach the Creditor concerned to make arrangements, the Creditor may firstly execute […]

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