Sequestration

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Sequestration

If you are insolvent – your assets are worth less than your personal debt – and you have enough equity in your estate to provide a minimum benefit (20c on each Rand), you may apply for a Sequestration Order. This process is referred to as voluntary sequestration.

We will assist you with the application and see to it that the sale of your personal assets is to the advantage to your creditors. If your creditors have brought a Sequestration Order against you and you are not insolvent, we will assist you to provide sufficient reasons why your personal assets should not be sequestrated. 
Note: This is an application to the High Court and costly for that reason. Legal costs often exceed the R10 000 mark and you will be expected to pay upfront.

More About Sequestration

An insolvent consumer, (that is a person who cannot pay his/her debts because they exceed the value of his/her assets) may apply for a sequestration order. The person applying for sequestration must place all his assets in the hands of a trustee, who must sell the assets and distribute the cash among the creditors. The creditors or the consumer may apply for the order.

A voluntary sequestration is when a person voluntarily surrenders his/her estate by applying for a sequestration order. For voluntary sequestrations to succeed the consumer must show that his/her estate is insolvent; he/she owns sufficient realizable property to meet all the costs of sequestration and that sequestration will be to the advantage of his/her creditors as a whole.

Compulsory sequestration are applications brought by creditors where the consumer is given the opportunity to show cause why his/her estate should not be sequestrated. The applicant must show, however, that sequestration will be to the advantage of the creditors as a whole and that either the consumer has committed an act of insolvency or are, in fact, insolvent.

 

When a company is bankrupt it will get liquidated. If a private person does this it is called Sequestration. In a way it means you are legally non-existent. Just like a bankrupt company. There is no money, you can’t open a bank account, and no one can sue you as you are non-existent.

Our Sequestration process starts with an Obligation Free Debt Assessment. 

Our Free Debt Assessment is structured to give you a complete overview of your financial situation before you even look at a debt solution.

With the assessment, you are assigned your own dedicated financial specialists. When completing the assessment, we take into consideration your living expenses and all your current debt obligations, we then evaluate and advice you on the correct action to take.

Obligation Free. Once the assessment is completed you can decide whether you want to make use of our services. Your dedicated financial specialist will then assist you in the entire process, from application to being debt free. You have the control!