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What are the advantages and disadvantages of sequestration?

Will my salary be affacted? Will people know? Does it affect my credit worthiness? Click here to find out.


Advantages

  • Your Salary – When you apply for sequestration your salary is safe. No creditor can obtain a garnishee order on your salary and any garnishee orders which were previously obtained, must be removed from your salary.

  • Will people know – Your employer and family members will not be notified. It is only your creditors who are notified.

  • Keep your pension – Your pension fund will be safe against sequestration.

  • No need to appear in court

  • Your assets – Your movable assets will be safe against sequestration. You will not loose any of your movable assets.

  • You only repay 20% of the total debt owed and in instalments. ​


Disadvantages

  • Credit worthiness – You will not be able to obtain credit whilst your estate is under sequestration. If however you need to obtain credit, your trustee can give permission.

  • Incur new debt – You may not incur any new debt whilst your estate is under sequestration. You may not make separate payment arrangements with your creditors.

  • Length of insolvency – You will be insolvent for a maximum period of 10 years. You can however apply for rehabilitation from as soon as 6 months after sequestration.


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