In order for debt review to be rolled out, a court order has to be granted. The court order is put in place in order to legally protect clients from being hassled by credit providers, as well as to prevent creditors from taking legal action against them.
Our legal team is responsible for combining all debt review court applications from documents, which are completed and signed by clients, as well as their credit providers and the payments cascades that they have set up.
The legal team then sends court applications to corresponding attorneys in the area. All debt review cases must either go to the Magistrate’s Courts or the National Credit Tribunal, in order to be rubber-stamped, as per the National Credit Act and granted a court order.
The legal team asks the attorneys to place the matter on a roll for a specific date. Once this has been completed, the legal team will notify the clients and their credit providers about the court date for the debt review case to be reviewed.
The process with regards to granting a court order for a debt review case varies according to the jurisdiction of the court it has been sent to.
Certain courts require the actual debt review client to be present at the court at the time of the court order, however in the vast majority of cases, the Magistrate’s Courts would rather allow the matter to be dealt with by our attorneys in the correct jurisdiction, rather than have to deal with it in court.
If the court’s jurisdiction does demand that the client is present and the client is absent, then they have the right to not grant the debt review court order. In this instance, very seldom can a client be excused by the magistrate.
Furthermore, under the Debt Counselling Rules System (DCRS), if the Credit Providers accept your repayment proposal, the interest rates and the terms on their system will be altered immediately, thereby making an appearance in court unnecessary.