How does the sequestration process work?

How long does it take? I heard it is published in the papers. Does that mean everyone will know? How much paperwork do I have to suffer through? Click here to see the process explained.

The entire process from publication in the Government Gazette and Citizen takes 4 weeks.

  1. After we calculated what your monthly repayment will be, we apply to the court for a court date.

  2. We immediately provide you with a letter confirming the court date. You can send this to your creditors. The letter further confirms that your creditors must in future refer all queries with regards to payment on the account to our firm.

  3. Notice is then given to your creditors by way of a publication in the Government Gazette and the Citizen (this is very small and part of 100’s of such notices. You will only notice it if you know what you are looking for).

  4. A Statement of Debtors Affairs is drafted. This sets out all your assets and liabilities. You have to sign this document of approximately 13 pages.

  5. The Statement of Debtors Affairs is sent to the Master of the High Court and your local Magistrate Court to lie for perusal for 14 days. This means that your creditors will have the opportunity to see if they are listed as a creditor.

  6. Your creditors are further notified by way of a registered letter.

  7. SARS is also notified by way of a letter that you have applied for sequestration irrespective of whether you owe them money or not.

  8. A second document is sent to you to sign. This is the Founding Affidavit. This document contains the calculation of your repayments and the reason for applying for sequestration.

  9. After the 14 days have passed, the Master of the High Court and the Magistrate Court provide us with a certificate confirming that the Statement of Debtors Affairs did lie for perusal for 14 days.

  10. The bundle of documents is prepared and sent to court 4 days before the court date.

  11. On the day of the application, you do not have to be present. A council is sent on your behalf. We will inform you telephonically of the outcome of your application.

  12. If the order is granted, we will provide you with a copy of the order within 10 days after the date of sequestration.