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Many people are unsure of how the debt collection procedure in the South African courts works.
As a result, many people suffer prejudice due to a delay in the proceedings and in some instances the claim becomes prescribed (expired).
Our courts have specific requirements regarding debt collection which can be explained in different stages.
The abuse of Emolument Attachment Orders (“EAO”) as a means of collecting debt has been under the spotlight for some time. As a result, the amendments to the Magistrates Court Act 1944 and the Magistrate Court Rules 2010 came into operation on 1 August 2018.
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