Tag ArchivesShannon Vengadajellum
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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Competition Amendment Act

Does a Principal Obligation need to exist prior to the conclusion of a valid Suretyship

When a Credit Loan Agreement is entered into between a Creditor and Debtor, a Surety Agreement is often concluded. A Surety Agreement involves three parties being the Creditor, the Principal Debtor and the Surety. The Surety is an individual that undertakes to bind him or herself as Co-Principal Debtor and to fulfil the obligations of […]

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judgment

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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redistribution agreements

Redistribution Agreements and Requirements by the Master of the High Court

When a person dies, their beneficiaries may inherit moveable and/or immoveable assets in terms of a valid will (testate succession) or interstate succession (in terms of the Intestate Succession Act No 81 of 1987). However, not all the heirs concerned may be thrilled with what they have inherited, and they therefore have the option to […]

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firearms control

The requirements and responsibilities in respect of the safe keeping, storage and/or disposal of firearms, imposed on an executor or heir, by the Firearms Control Act and its Regulations

In this day and age, it is quite common for firearms to form part of a deceased person’s estate. It is also quite common for individuals to inherit firearms and/or antique firearms, in terms of a deceased’s Last Will and Testament and/or Interstate Succession. The person nominated to be the executor in a deceased estate […]

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