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The Legal Side Of Debt Review

You have begun debt review and now it is time to get the legal side of things sorted out at court.

Your Debt Counsellor or Attorneys send you a Confirmatory Affidavit and ask you to have it “commissioned”.

What is it and how do you do that?

Confirming You Agree

A confirmatory affidavit is a document you sign to confirm that you have read the court papers and that you agree with what is written in them.

The attorneys add it to your court bundle to show the Magistrate that you are aware of the debt review restructuring plan and officially support it.

 

Step 1: Print the document you were emailed

      • Print the affidavit (and any pages attached to it).
      • If you do not have a printer, you can print at a local print shop.

Step 2: Read the full document before you sign anything

      • Read every page from start to finish.
      • Make sure you understand what you are confirming.
      • If anything is unclear or you do not agree, stop and speak to the attorneys or your debt counsellor before you go to get it commissioned.

Step 3: Go to a police station (or another commissioner of oaths)

      • Go to your local SAPS station.
      • At the front counter, ask: “Can someone help me get a document commissioned?”
      • Take your ID with you (and the printed affidavit).

Step 4: Sign in front of the commissioner

      • Tell the commissioner you have read the document, you understand it, and you agree with it.
      • Only sign when you are in front of the commissioner. Do not sign at home first!

Step 5: Check that every page is properly stamped and signed

      • The commissioner will stamp and sign the affidavit.
      • Ask them to initial every page (not only the last page).
      • Before you leave, quickly check that:
        • The stamp is clear
        • The signature is there
        • The date is filled in
        • The initials are on all pages

Step 6: Scan or take clear photos and send it back immediately

      • Scan the document (best), or take very clear photos:
        • Place the pages on a flat surface
        • Take photos from directly above
        • Avoid shadows and glare
        • Make sure all text and the stamp are readable
      • Email it back to the attorneys and copy your Debt Counsellor.

Step 7: Send Original Back ASAP

      • Send the original signed and stamped document back to your attorneys (the courts always like original documents)

Why Speed Matters

If you delay, it can slow down your very important court process.

The legal side of debt review helps protect you and your assets.

In some cases, delays can give credit providers a chance to push back, or to even try to duck out of the debt review and rather start new expensive legal collection action.

So, do not wait.

Get it commissioned and sent back as soon as you can.