Our Practice Areas
What We Offer
Debt Counsellors
- Debt Review Legal Services
- Debt Review Correspondent Services
- Debt Review Removal
Attorneys
- Debt Review Legal Services
- Debt Review Correspondent Services
- Debt Review Removal
Consumers
- Debt Review Removal
- Reckless Credit Assessments
- Court Order Rescindment
- Garnishee Order Removal
- Credit Bureau Repair
- Debt Mediation
How We Can Help
Debt Review Removal
If you are currently undergoing debt review and have not yet received a court order declaring you over-indebted, we can provide professional assistance to remove you from debt review.
This process involves applying to a Magistrate’s Court to request that the debt review proposal be rejected. To succeed in this application, you must demonstrate to the court that your financial circumstances have improved and that you are not over-indebted. This will require evidence that you can afford your current living expenses and debt obligations on your current income.
Once the court order is obtained, we will notify your debt counsellor and all relevant credit bureaus to have your debt review indicator removed.
Debt Review Legal Services
Our firm provides a comprehensive legal service catering specifically to debt counsellors. Our services cover all aspects of the legal process from the very beginning to the conclusion, including drafting, representation in court and other relevant services. We recognize the importance of personalized representation in court and therefore ensure that our team personally appear in courts across Gauteng and the Western Cape to gain a better understanding of the nuances of specific courts. Our team works tirelessly to secure a granted court order, and we pride ourselves on our dedication and attention to detail. We also possess an extensive network of correspondents throughout the country, offering competitive rates to ensure expedited and cost-effective handling of all matters.
Our team of drafters is highly skilled and ensures that all matters are drafted promptly, enabling us to proceed with court proceedings efficiently. We are aware of the challenges in obtaining signed confirmatory affidavits and updated FICA documentation from consumers, and we take it upon ourselves to obtain all necessary documentation from consumers to ensure that matters are granted on the first appearance.
Our firm offers a range of debt review packages to cater to your specific needs, providing flexibility for you to provide us with the drafted court pack. We guarantee an efficient and cost-effective resolution of all matters brought to us, ensuring that our clients receive the best possible legal representation.
Reckless Credit Assessments
In accordance with the Act, it is mandatory for the credit provider to perform a comprehensive assessment of each consumer’s ability to fulfil their obligations by taking reasonable measures to investigate and evaluate the consumer’s understanding and appreciation of the proposed agreement’s obligations, as well as their ability to meet those obligations in a timely manner. Failure to carry out such an assessment could result in nullifying the consumer’s obligations or suspending the credit agreement.
- If the credit provider failed to carry out an assessment as required by the Act, regardless of the conclusion of such an assessment at the time.
- If the credit provider entered into the credit agreement with the consumer despite the fact that the information available to the credit provider indicated that the consumer did not generally understand or appreciate the consumer’s risks, costs, or obligations under the proposed credit agreement.
If the credit provider entered into the credit agreement with the consumer despite the fact that the information available to the credit provider indicated that entering into that credit agreement would cause the consumer to be over-indebted.
If the court declares that a credit agreement is reckless under 1 or 2 above, the court may either set aside some or all of the consumer’s rights and obligations under that agreement or suspend the force and effect of that credit agreement. If the court determines that a credit agreement is reckless under 3 above, the court may suspend the force and effect of that credit agreement until a date determined by the court and restructure the consumer’s obligations under any other credit agreements, which could entail extending the term of the agreement and reducing the consumer’s monthly payments.
Let us assist in investigating your credit agreements for any reckless credit
Credit Bureau Repair
We understand the challenge that can arise when it becomes necessary to expunge judgements and listings. Our team of proficient attorneys possess the knowledge and skills to effectively remove the judgements and ensure appropriate updates are made to the relevant bureaus.
Garnishee Order Removal
If you currently possess a garnishee order and require it to be removed, suspended, or amended, our services are available to assist you with that.
We will thoroughly examine the validity of your garnishee order and proceed to file an application at the Magistrate’s Court, substantiating just cause for its removal, suspension, or amendment.
Judgement Removal
If you are confronted with a legal judgement against your name, we are equipped to provide professional help in the successful removal thereof, contingent upon a valid reason.
Following a thorough investigation to determine the accuracy of the judgement, we will submit an application to the magistrates’ court based on our findings. It is a typical scenario to seek judgement removal once the debt has been fully settled, and we can assist in this regard.
Upon receipt of your court Order, we will communicate with all relevant credit bureaus to facilitate the removal of your judgement listing.
Mediation
Our team of accredited mediators specialise in various types of mediation, including debt-related mediation to help manage financial disputes, labor mediation to address workplace conflicts, and family mediation to foster understanding in sensitive personal matters. We guide all parties towards mutually agreeable solutions, offering a respectful and structured process for every unique situation. Let us assist you in finding a resolution that works that can also be referred to arbitration should the need arise.