Know Your Repossession Rights in South Africa: A Guide
Understand
your repossession rights in South Africa with this comprehensive guide. Learn
the legal steps and protections to safeguard your property.
Nobody wants to
face repossession, but sadly, it can become a reality if you are overwhelmed by
debt and can no longer keep up with payments. If you’re starting to see warning
signs, then you need to understand your repossession rights, as this is your
first line of defence. By learning how and why repossession happens, you can
proactively seek a debt solution in SA and potentially avoid legal action from
your lenders.
Repossession
laws in SA: How does it work?
In South
Africa, lenders or banks must follow a specific legal process before
repossessing your assets. First, they must issue a Section 129 letter of demand
or notice once your account is 20 days in arrears. Next, they must serve you
with a court summons, delivered by a Sheriff of the Court, giving you the
opportunity to defend yourself. Finally, if the court grants permission, the
Sheriff will present an original warrant of execution, authorising the
repossession of your asset."
Remember that
a debt collector or bank representative cannot serve you with repossession
documents or the summons. Only a Sheriff of the court can serve these
documents. With this in mind, be careful when a creditor or debt collector asks
you to sign anything to repossess your asset. They usually do this to claim
voluntary repossession.
Avoid that
court order.
Lenders or
creditors cannot repossess your assets unless they have a court order from the
Sheriff of the Court. The good news is you can take action to avoid that with a
debt
solution in SA. Here at Find
Better, we can help you go under a debt review. It’s a legal way to ensure you
can keep your assets and prevent repossession.
How a debt
review helps avoid repossession
Creditors
cannot repossess your assets when you’re under a debt review. In this legally
protected process, a debt counsellor will negotiate with them to arrange an
affordable consolidated repayment plan so you can keep paying your dues without
losing your home, car, or other assets.
So, if you’re
over-indebted and worried about repossession, get ahead of your creditors and
protect yourself with our debt solution in
SA. Get a free assessment here at
Find Better so we can start today. You may also call 087 1147 418.
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