Welcome to Prinsloo & Associates Attorneys | Sequestration Specialists
Sequestration
Become Financially Free by Getting Rid of your Debt
Contact Us On : 072 855 8106 or Email Us : nanika@nanikalaw.co.za
THE SEQUESTRATION PROCESS
SEQUESTRATION WITHOUT A HOUSE
To be able to Sequestrate, you must show a “benefit to your creditors”. This means is that your creditors must get “something” (they cannot get nothing) and that “something” is referred to as a “contribution to creditors”. The amount of the contribution is not prescribed by the Insolvency Act, but our Judges on average want debtors to contribute about 20% – 30% of the total of their debt to creditors. This 20% – 30% must either by paid in cash or in assets (like furniture or cars or machinery or other valuable items).
If you cannot pay or give assets that can be sold on an auction of your approximate 20% – 30% contribution, you cannot apply for Sequestration.
In practise it works like this: you give us a list of your debt. We calculate by means of a formula prescribed by the Insolvency Act how much you must contribute. Once we have determined the value of your contribution, you must either pay in the full amount or if you do not have the cash you must declare assets (furniture etc, that is fully paid) to the value of the contribution.
You do not have to loose your assets, you can keep them provided that you ‘buy them back’ from the curator that is appointed after your sequestration. You can pay this amount off in 24 monthly instalments to start when a curator was appointed (approximately one – two months after Sequestration).
You pay an upfront legal cost to get the Sequestration application on the court roll (this consists of expenses and legal fees).
That which your creditors do not get must be written off and they can never claim any shortfalls from you.
SEQUESTRATION WITH A PROPERTY
When you want to Sequestrate with a property, the value of the property must be sufficient to cover the outstanding bond as well as about 20-30% of all other creditors. If the value of the property is not sufficient, you must contribute any calculated shortfall.
For example, if your bond is R1million and your other creditors (loans, credit cards, vehicles etc) is R200 000, the value of the proeprty must be R1million PLUS 20-30% of the R200 000. Let us work with 20% in our example. The value of the house must therefore be R1 00 040. If that is the case, you can apply for Sequestration.
If the property is sold after the Sequestration order is granted, it does not matter if the property is sold for less. What will happen then is that the bank will get paid in full, write any shortfalls of and all other creditors must write their debt off and will get nothing.
100% Success
WE MAKE THE PROCESS EASY FOR YOU
We do most of the work to make the Sequestration process as easy for you as possible. You will complete a form and send it to us. At the right time, you will sign an Affidavit that we will draft. We will do the rest. You do not go to Court.
GET RID OF DEBT
The secret to money management is to get rid of debt as fast as possible.
The moment you start to run into financial problems it is best to stop and start over, because in today’s economy it is virtually impossible to catch up.
Sequestration gives you the opportunity to get rid of your debt by only paying 20 – 30% of the total of your debt and if you own a house and the value of the house is sufficient, you pay nothing more towards your debt other than the initial legal fees.
Debt is very expensive and to try and pay it when you have fallen behind is just not a wise financial decision.
Debt counselling is also not a good option, because all it does for you is to postpone the problem and in fact, due to high debt counselling and legal fees, most of the time the debt grows.
If you Sequestrate, you only pay some of your debt plus you can apply for Rehabilitation after only four years.* (provided certain legal requirements have been complied with).
Sequestration gives you financial freedom. Do not wait too long to get rid of your debt.