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Voluntary Surrender is a voluntary debt solution that can help you to write off unsecured debt that would otherwise take many years to settle. Our Insolvency Practitioners will issue a legal notice to all of your Credit Providers informing them that you are proceeding with Sequestration. Once they receive this notice they are unable to pursue you or take any legal action against you to recover any debt that is still owed.

There are a number of ways to pay this fee off.

1. CASH

You can do this by paying the full cash amount or installments over a negotiated period. If you are able to pay the full fee, sequestration will begin immediately. If you are paying off the fee, sequestration can only begin once the fee is paid in full.

2. ASSETS

As an alternative to paying cash, you can use paid off assets to stand as security for the fee. The assets remain in your possession. You can then pay off the fee over 18 months. Once the fee is paid off the assets are released as security. Sequestration occurs immediately with this option.

How do I pay this off

You can apply for Voluntary Sequestration if you meet these requirements:

  • your debt exceeds R75,000.00

  • you are unable to pay your debts when they are due.

  • your debt has been handed over to collection agencies.

  • you have shortfalls on assets such as vehicles and a home that has already been repossessed.

  • You have tried Debt Review but the installment is still not low enough or you have been terminated from the process.

  • You have judgements and emolument attachments on your income.

Do I Qualify for Voluntary Surrender
  • Shortfalls from assets that have been repossessed and auctioned.

  • Financed Vehicles. Must be handed back to the bank.

  • Paid off vehicles do not form part of the process and can be kept.

  • Pay Day Loans

  • Personal and Revolving Credit Loans

  • Overdrafts

  • Credit Cards

  • Store Cards

  • SARS Penalties

  • Cell phone Contracts

  • Medical Debt

  • Other third-party Contracts.

Types of Debt

The Voluntary Surrender process involves a Court Application. An assessment will be done to determine how much you will be paying back. If you proceed there is legal documentation that will be drafted by our advocate. Credit Providers will be notified of the application. You do not have to appear in court.  Once the Voluntary Surrender Order is granted Credit Providers will receive a copy of the Court Order. By law they can no longer request money from you.

 

Credit Providers will still try to make contact with you and demand repayment of debt. You can forward this communication to us and we will send them a copy of your Court Order. You can also send the Credit Providers a copy of your Court Order. The Court Order is what protects you. After 24-36 months you can apply for Credit Rehabilitation which will make you credit worthy again.

Voluntary Surrender Process

Perhaps the most significant benefit to be gained from Sequestration is that it enables individuals to draw a line under their unsecured debt problems and start moving forward. There are some consequences and restrictions on individuals who enter Sequestration but in many instances it may be the best and only way forward to resolve their current situation.

The Upside of Voluntary Surrender

While the advantages of Voluntary Surrender are significant, their are some disadvantages. The one that has the most impact is the fact that an individual cannot apply for credit until Credit Rehabilitation occurs i.e. 24 to 36 months. But when you think about it you are probably not credit worthy anyway. If you continue as you are, paying for debt that is incurring interest and legal fees, you will probably not be credit worthy for many more years. Voluntary Surrender stops interest charges, writes off debt. and gives you a much faster opportunity of becoming credit worthy again.

The Downside of Voluntary Surrender

Get free debt advice today from our experts and find out if you qualify.

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If you are facing the complexities of financial stress, you can’t afford to do without the clear thinking of a legal expert.

You will benefit from our calm professionalism and track record.

01

Consultation & Assessment Tailored for Your Situation

We discuss your needs in detail offering the best solution possible. An assessment will be provided to you explaining the process.

02

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We render trusted legal services by legal experts at the highest ethical standards ensuring the best possible outcomes and successes.

03

We Will Guide You Throughout The Process

From the moment you start, we will guide you through the process, explain what we are doing and answer any questions you may have  

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