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Debt Repayment

Questions & AnswersDebt Repayment
gerrit lessing asked 2 years ago

I have business that owes a creditor R50 000.00.  I made an offer to repay R7000.00 per month.  The offer was rejected and I received a letter from their attorney to repay the total amount outstanding within 10 days or further legal steps will be taken.

1 Answers
Matthys Potgieter Staff answered 2 years ago

Hi there,
Creditors who do not want to negotiate and come to an affordable agreement really get us hot under the collar. I would suggest you do the following:
Keep all correspondence and attempts to make an agreement on record. Make sure it is done in writing. Get reference numbers for phone calls and make sure you get the names of all the people you speak to.
Secondly, get their banking detail and start paying the R7000 per month. Keep proof of each payment. Also, confirm your address with them in writing. When they want to issue a summons, you have proof that you provided them with the correct address and they cannot serve you with a summons that you do not know about.
After a while, if they actually do not accept the payment and still proceed, you will have built a good case to show that you really attempted to come to some sort of agreement. If they summons you, make sure that you are present at the court on the day. Then present all you have done to the magistrate. If the magistrate sees that you did everything in your power to be amicable and honour your debt to the best of your abilities, he/she will surely rule in your favour and allow you to keep on paying the monthly instalments.
Hope this helps.