WHAT IS THE VOLUNTARY SURRENDER OF YOUR ESTATE
When a person/Legal persons total debt exceeds the value of his/her assets, or
When a person/Legal person is not able to honour their financial responsibilities.
The voluntary surrendering of an Estate is a process that helps the client who is not able to pay his/her total monthly debt anymore, due to unforeseen circumstances out of your control. Surrendering of your estate also gives you some breathing space, to live a normal financial life and to be able to get rid of the financial stress and to start a new beginning without any debts. This is also the last Debt Relief option in our country.
With voluntary surrender, your affairs will be sorted out legally by the High Court. This enables you to regain control over your financial affairs and keep your assets. You will be able to live normally because you can answer those “private numbers”. That phone you day and night. You will no longer fear that the Sheriff knocks on your door and try to attach your possessions.
ADVANTAGES OF SURRENDERING YOUR ESTATE
- ALL YOUR DEBT IS WRITTEN OFF – including the debt you are already blacklisted for on ITC. You do not have to pay any creditor.
- Your monthly income is your own, and you don’t pay any debt.
- Only your creditors have notified of the surrendering of your estate and not your employer. You are the only person that knows about it and you can’t lose your work because of that.
- You don’t ever appear in court, this is a legal High Court Application.
- You won’t have to worry about where you are going to get enough money to pay your instalments – because you are going to be DEBT FREE.
- You can start a new beginning without paying for the wrong financial decisions of the past.
- You can answer your phone without wondering if it would be a debt collector.
- Your creditors will eventually stop harassing you, they must lodge their claim with the Trustee.
- You will be able to keep your furniture and other movable assets.
- Creditors may not attach your salary after sequestration. And any garnishee orders against your salary will be cancelled upon granting of the sequestration order.
- Voluntary surrender application can be brought at any stage (even if you are under administration or debt review)
DISADVANTAGE OF SURRENDERING YOUR ESTATE
- During your sequestration you will not be able to obtain any credit, therefore make any loans.
- You cannot be a director of a Company or a member of a Close Corporation or a Trustee.
- You will be insolvent until you apply for rehabilitation, and in this period you are not credit worthy and not allowed to obtain or apply for any debt/credit
Request More Info
- You must have more debts than assets
- You must not be able to pay your debts anymore due to circumstances out of your control for example due to medical expenses, job loss, divorce and even overspending.
- You will be required to fill in an application for voluntary surrender of the estate, providing us with all your personal details and in particular with respect to your income, liabilities, assets and expenses and expenses.
- We will do a FREE ASSESSMENT and supply you with a quotation.
- After your acceptance of our quotation then we will start the process.
- We proceed to notify your creditors that you applied for voluntary surrender of the estate. You will also be provided with the same letter to deal with your nagging creditors.
HOW THE VOLUNTARY SURRENDERING LEGAL PROCESS WORKS MATERIAL
- An advertisement is placed in the Government Gazette and in the Citizen Newspaper. This advertisement stops all legal action against you the client, for example, seizure of your assets (furniture etc.). Nobody reads the Government Gazette or the legal advertisements in the Citizen newspaper, it is too complicated for the Public, and it is just a standard procedure.
- An assets and liabilities statement is drawn up and signed before a commissioner of oath. The statement will be kept at the offices of the master of the court for perusal and if applicable also at the local court.
- A notice of the voluntary surrender of the estate will be sent to all your known Creditors via registered mail, and they will contact our offices for any enquiries. This notice is also sent to you, as the Creditors will not stop with the endless calls, and you will be able to send them the notice directly.
- The South African Revenue Service is also notified, even if you are not registered with SARS.
- Next, a sworn affidavit is drawn up stating in detail the grounds for the Voluntary Surrender of the Estate.
- The assets and liability statement and all necessary documentation are attached to the affidavit and send to court to be placed on the court roll and to obtain a case number and court date.
- On the court date, an Advocate will present the application on your behalf. There is no need for you to attend the court hearing in person. We will notify you of the outcome.
- After approval of your application, a Curator will be appointed to handle the administrative process.