Magistrate Jaji’s Presentation to Debt Counsellors
Court Tips and Procedures
Recently Magistrate Jaji had the chance to make a presentation about the debt review process and the court process to a group of Debt Counsellors.
The presentation focused around reconciling different views by different courts on debt review related topics. The presentation also covered the basic checklist of items courts are looking for with debt review applications.
Of interest in the presentation was the take on freezing payment for a period of time (which the courts are able to order) and how long the courts are generally prepared to do so and varying of existing court orders due to changed circumstance of consumers under debt review (eg. if you lose your job).
Things for DCs to watch out for:
The courts prefer not to deal with variation orders where agreements can be made with credit providers outside of court. Magistrate Jaji has no problem with variation orders where needed due to significant changes to the consumer’s situation.
Magistrate Jaji advised DCs not to ask that variation orders be backdated.
Also the advice is: don’t have founding affidavits dated after the date of the case number. It can invalidate the whole application in terms of the MCA (Slightly different for confirmatory affidavits where consumers are difficult to contact).
Download it Now
We have made the notes available should you wish to get insight into the thinking of the courts on various topics and procedures. The 10 pages of notes make for a good read and are very helpful.
