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    Legal Framework

    Once Debt Review is terminated, can creditors take legal action?

    Yes. Once debt review is terminated, the legal protection that Section 88(3) of the NCA provides against creditor action no longer applies.

    From the date the court order is granted:

    • Creditors can demand immediate payment of the full outstanding amount on each account.

    • Creditors can issue summons for accounts in arrears.

    • Creditors can apply for judgment, garnishee orders, or repossession of assets securing a credit agreement.

    • The protection from legal action that debt review provided is gone.

    The court application must demonstrate you can realistically afford to resume original contractual payments. The Magistrate's primary concern is ensuring you will not default immediately after the order is granted.

    If you are already paying creditors directly at the time of your court application, many will continue accepting those payment arrangements. This strengthens your application and reduces the risk of immediate legal action after removal.

    If you are not currently paying creditors and have not done so for some time, your attorney partners will assess whether any accounts have prescribed under the Prescription Act and include that analysis in the court application.

    NDRC is transparent about this risk during the free assessment. We do not recommend applying for court-based removal to consumers who cannot genuinely afford to resume original payments.

    Expert Answer

    Provided by NCR-registered debt counsellors (NCRDC3106)

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