Debt & insolvency

Debt recovery and insolvency services.

Debt collection, debt review, sequestration, and debt restructuring. Tell us about your situation and a legal professional will contact you to discuss your options.

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What we offer

Debt and insolvency services.

Whether you’re recovering debt or seeking relief from it.

Debt Recovery & Collection

Debt recovery services. Summons, court claims, judgment enforcement, and wage attachments to recover outstanding debts from debtors.

Debt Review Services

Consumer debt review and restructuring. Negotiation with creditors for manageable payment plans, with protection under the National Credit Act.

Sequestration & Insolvency

Sequestration application and insolvency procedures. Debt relief through court processes for individuals with unmanageable debt loads.

Debt Restructuring & Negotiation

Negotiation with creditors for debt restructuring: renegotiating payment terms, reducing interest, or settling debts for less than owed.

Creditor Defence & Protection

Defence against creditor claims and illegal debt collection practices. Protection from harassment, unlawful attachments, and predatory lending.

Insolvency Litigation

Litigation related to insolvency and debt disputes. Court representation for complex debt matters, fraud claims, and creditor disputes.

How it works

Our debt and insolvency process.

Six steps, from financial assessment to resolution.

1

Financial assessment

Detailed review of your financial situation, debts, assets, and income. We assess options: collection (creditor) or relief (debtor).

2

Strategy development

Create a debt recovery or relief strategy. For creditors, a collection action plan. For debtors, debt review, restructuring, or insolvency options.

3

Negotiation & demand

Attempt debt negotiation and settlement. For creditors, a formal demand and settlement discussions. For debtors, negotiation with creditors for reduced payments.

4

Court action or relief

If settlement fails, proceed to court for judgment (creditors) or insolvency proceedings (debtors), with representation throughout.

5

Enforcement or restructuring

Enforce favourable judgments through wage attachments and asset recovery (creditors), or manage debt restructuring payments (debtors).

6

Resolution & recovery

Complete debt recovery (creditors) or achieve debt relief and financial recovery (debtors): a fresh start or successful debt management.

Good to know

Frequently asked questions.

Debt review, sequestration and your rights, explained simply.

Debt review is a legal process under the National Credit Act where a debt counsellor helps consumers manage unaffordable debt. Benefits include protection from creditors and debt collectors, renegotiated payment terms with lower amounts, reduced interest rates, a stop to legal action by creditors, and a single consolidated repayment plan.

Sequestration is a court process where your estate is handed over to a trustee to sell assets and pay creditors. It may be worth considering if debt is unmanageable, debt review isn’t possible, you have sufficient assets to pay some creditors, or you want a fresh start. Sequestration has serious consequences, including a damaged credit record for up to 6 years.

Yes, creditors can obtain a court judgment and then attach your wages through a garnishee order, deducting a percentage of your salary directly to pay the debt. However, certain amounts are protected, including basic living expenses and maintenance obligations. A legal professional can challenge excessive garnishment or negotiate reduced amounts.

The National Credit Act protects you from harassment and threats, contact during prohibited hours, contact at work without permission, public embarrassment, unlawful collection practices, and incorrect debt information. Debt collectors cannot arrest, detain, or physically harm you, and you may be able to claim damages for illegal collection practices.

Debt collection timelines vary: small claims (under R15,000) may take 3–6 months, district court claims (R15,000–R100,000) around 6–12 months, and high court claims (over R100,000) around 12–24 months. Many cases settle before trial, reducing the timeline.

Yes, debt settlement is possible. Creditors often accept less than owed if you’re in financial hardship, they’re uncertain about collecting the full amount, or they want to avoid litigation costs. Settlement amounts depend on your financial position and the creditor’s willingness.

Debt review generally lets you keep your assets and employment, has a lower credit record impact (3–6 years), restructures payments you can afford, and involves negotiation with creditors. Sequestration is more of a last resort: assets are sold by a trustee, credit is affected for 6+ years, and it’s a more formal court process, generally better suited to those with few assets.

No, debtors’ prisons don’t exist in South Africa, and you cannot be arrested solely for owing money. However, you can be arrested for failing to appear in court, contempt of court (ignoring court orders), or non-payment of maintenance. A legal professional can help ensure you comply with court orders and protect your rights.

Take the first step

Protect your family’s future.

Whether you’re recovering debts from others or dealing with your own, tell us about your situation and our legal team will connect you with a legal professional who can help with your financial recovery.

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Prefer email? Write to hello@counsel24.co.za

FreeConfidentialNo obligation