Tag archives: Debt collection

When a debt becomes due: prescription of loans

By Rachel Mazower and Andrew Strachan on November 9, 2016 Posted in General

A loan becomes due (claimable) from the moment that it is lent to the borrower, unless the parties specifically agree otherwise. In a September 2016 judgment the Supreme Court of Appeal held that a loan that was ‘due and payable to the lender within 30 days from the date of delivery of the lender’s written … Continue reading

Salary attachment procedure declared unconstitutional

By André Vos and Riccardo Petersen (ZA) on July 10, 2015 Posted in General

The High Court has declared aspects of a long-established but often abused debt collection process unlawful, with potentially wide ranging consequences, as it could render hundreds of thousands of salary attachment orders unenforceable. Aspects of a salary attachment process, known as an emoluments attachment order (EAO), was declared unconstitutional in The University of Stellenbosch Legal … Continue reading