About Us
Our values.Our Background.
Booysen and Company Incorporated was established in 2000. Our group has grown to over 80 staff, many of whom have been with us for over a decade and have years of valuable experience in the fields of administration and debt review. Over the years
Booysen & Co's specialties have grown from Administration to include Debt Review and a successful litigation department. Our litigation department deals with civil matters of various natures such as divorce, matrimonial property, the law of
contracts, sale and lease contracts, etc. Our litigation department also deals with correspondent work with a high rate of success.
Booysen and Co. Inc. is more than just a law firm or a business, it is a family that consists of a multitude of people and personalities who are innovative and proficient. Debtors and clients alike are able to share their financial woes
without fear of embarrassment or humiliation. They are always treated with dignity and respect and offered the support that is needed to facilitate an effective solution to their problems.
Should you be experiencing stress due to financial difficulties or pressure from your creditors, come see us and let our family help yours.
Our Mission.
- To provide assistance to over-indebted individuals by recommending and facilitating the correct debt relief mechanism.
- To deal with matters in a confidential, professional and effective manner.
- To offer sound and reliable legal advice.
- To act in the best interest of our debtors and clients.
OUR PRACTICE AREAS
Our fields of expertise.Administration
An Administration Order is as a "debt relief mechanism" that assists a debtor who finds it difficult to support his family and pay his creditors each month. Our aim is to create a payment plan which allows the debtor to have enough money to support his family and provide peace of mind knowing that Booysen & Co. will deal with his creditors.
Debt Counselling
It offers protection against legal action from creditors, allowing you to pay a reasonable installment towards your debt while being able to meet your necessary monthly living expenses. This will include mortgage bonds, vehicles and asset finance.
Litigation
Litigation is the process of attempting to resolve a matter between two or more parties, whether by negotiation, settlement or taking that matter to a court of law so that a judgment can be made.
How We Can Help You
Our areas of practice defined.ADMINISTRATION ORDERS IN TERMS OF SECTION 74 OF THE MAGISTRATES’ COURT ACT 32/1944 (as amended)
QUICK SUMMARY
An Administration Order is as a "debt relief mechanism" that assists people who find it difficult to support their family and pay their creditors each month. It is not always possible for people to pay
their accounts and still have enough money to buy food, pay for transport to work or to pay school fees. People often get caught in the debt trap by taking out more and more loans and opening more accounts to pay for older loans and accounts,
or to keep their furniture from being repossessed or to put food on the table for their families. Administration orders are applicable to debtor’s whose debt fall under the maximum threshold of R 50 000.00
Sometimes a person’s debt problems become too much and his salary too small to pay everyone.
If this has happened to you... read further.
WHAT IS AN ADMINISTRATION ORDER?
- • It is a Court Order made by the Magistrate to ensure that you keep enough of your monthly salary to maintain yourself and your family i.e. the people that depend on you.
- • The Magistrate orders a Debtor (you) to repay his debt in monthly instalments which are affordable to you.
- • This means that the Magistrate calculates how much a person can afford to pay back every month on the total debt. He does this by deducting from a person’s salary monthly necessary expenses like food, school fees, budget for clothes, rent, bond and/or furniture shop repayments.
- • The instalment must be paid to the Administrator that is appointed by the Court.
- • The Administrator pays the money into a Trust Account and every month the Administrator pays the person’s creditors until all the Debt has been paid.
- • As soon as all the Debt has been paid, the court issues a Certificate that all debt have been paid in full.
THIS SOUNDS INTERESTING... WHAT SHOULD I DO AND WHERE DO I GO?
Come to Booysen & Co. Inc. and we will assist you in drawing up the Administration Order Application.
We will need the following information:
- (a) Your name (wife’s name if you are married).
- (b) Your ID number (your wife’s ID number).
- (c) Your salary advice (your wife’s salary advice if she’s working).
- (d) All accounts, loans, summons details of yourself (and/or your wife’s).
- (e) If you have a home loan, then we will need the latest bond statement.
- (f) If you have Hire-Purchase Agreements (Furniture accounts) we will need the contract and the account.
- (g) List of all the furniture and vehicles you own.
THE PROCESS
- We will draw up a document reflecting all the information. This document is the Administration Order Application form and is drawn up according to the law.
- Once the form is completed we will give you the Application form to have it signed in the presence of a Commissioner of Oaths, for example a policeman.
- The Application gives a full account of your income and monthly expenses and also tells the Court and the Creditors how much you can afford to pay each month to the Administrator.
- This Application form is handed to the Court and receives a Case number and a Court date.
- We will then send a copy of the Application to all the creditors you owe money to.
- This way all your creditors will get notice of the Application for Administration and the date it will be heard in Court.
ON THE COURT DATE
As the Application for an Administration is a Legal process and you are asking the Court to help you with your financial problem, you will need to be at the Court on the day the Administration Application is heard by the Magistrate. We will also be at Court to represent you.
The Magistrate may grant your Administration Order or postpone it to a later date, which means you have to be at court again at a later date.
If the Court grants the Administration Order, the Court decides on the instalment and when your creditors receive their money.
BENEFITS OF ADMINISTRATION ORDERS
- Protection against legal action from creditors.
- Protection against furniture and other movable property from being attached and sold in execution.
- No longer having to deal with the threats and harassment of creditors demanding payment.
DEBT COUNSELLING
QUICK SUMMARY
The Debt Review process is another "debt relief mechanism" that assists people who find it difficult to support their family and pay their creditors each month. Debt Counselling/Review is not limited to
the R50,000 threshold. You can also include your mortgage bond and vehicle finance into your total debts. It offers protection against legal action from Credit Providers allowing you to pay a reasonable instalment.
WHAT IS DEBT COUNSELLING?
Effectively, Debt Review is a process where the consumer approaches a Debt Counsellor, who in turn negotiates with your creditor providers with the aim of reducing instalments and interest rates. The end result is to assist the consumer
to reduce their over-indebtedness. It offers protection against legal action from Credit Providers allowing you to pay a reasonable instalment. The following documents are required for the initial consultation :
THIS SOUNDS INTERESTING... WHAT IS THE PROCESS FROM HERE?
The following documents will be required:
- (a) Proof of Identity.
- (b) Proof of Marital Status / ANC Contract.
- (c) Proof of income.
- (d) Proof of Residence.
- (e) Statements from all Credit Providers.
THE PROCESS (SUMMARISED)
- Using the above information, Form 16 is generated, which lists your income and expenses, as well as your creditors. This form is used to determine the level of over-indebtedness.
- A proposal containing restructured instalments and interest rates is generated and forms part of you Debt Review Application.
- The Proposal is sent to your creditors.
- Your creditors then respond to the Proposal and provide updated balances and interest rates.
- Once the Proposal is accepted by the consumer and their creditor providers, the client/consumer must start paying the instalments as per the agreed Proposal.
- The Application for Debt Review goes to court to be made an Order of Court.
- The granted court order is submitted to all creditors advising them that an order is in place and that payment will be made in terms of the order.
- From here payment must be made in terms of the court order.
IMPORTANT TO NOTE
- It is important that monthly payments in terms of the order are maintained, as failure to comply could result in termination of the debt review process and legal action being taken against you.
- During the period that you are under Debt Review, your name will be listed with the Credit Bureau as being under debt review and you will not be allowed any further credit facilities.
- Once all creditors are paid in full a clearance certificate will be issued by the Debt Counsellor and your name will be removed from the Credit Bureau.
LITIGATION
Our offices are located within 15km of the Durban Magistrate's Court, the Durban High Court and the Verulam Magistrate's court.
CORRESPONDENT WORK
Whilst we have a preference for High Court work, we will gladly accept correspondent work.
FAQ'S
All your question answered.If you can't find any answers please send us a message
Administration Order
Will my name appear in the newspaper?
NO. An Administration Order is not a sequestration. Only your creditors get notice of your application.
Will I have to sell my furniture and car?
NO. An Administration Order is not a sequestration. Only if you have a luxury TV, a Hi-Fi or your car is a Porsche or something equally luxurious.
You will have to economize on your standard of living in order to regain control of your finances.
Administration Orders actually protect your movable property as NO creditor can take any further court actions against you to settle your debts, as long as you are under Administration.
Will I lose my Hire-Purchase or House that has a Bond on it?
NOT NECESSARILY. If the furniture you bought is essential or you have already paid a large amount on it, the Court will leave enough money for you each month to pay the account.
The Court will also not tell you to sell your House. However, if you have no housing subsidy and cheaper housing is available than the present bond instalment, the Court can do so.
Can I make new Debt?
YES. As long as you tell the person or institutions you are applying to for credit, that you are under Administration.
If you do not tell them about the Administration it is a crime to loan more money and you can go to jail.
It is better to get a letter from your Administrator and give it to the person or institution you are applying to for credit.
What If I am Married?
People marry in different ways, if you have no marriage contract registered by an attorney, you are married in Community of Property. If you have a Traditional marriage you are also married in community of property. This means that everything that is yours is also your spouse’s every debt is also your spouse’s.
If you are married out of community of property your debt is your own debt.
Will my name be listed on ITC?
By the time you apply for an Administration Order, you may already be behind on your accounts or have already been garnished by a Creditor. So you may already appear on ITC.
Once you have finished paying your Administration Order the Court issues a certificate stating that all debts have been settled. This certificate can be sent to ITC who will amend your record showing all debts have been settled and the order can also be rescinded.
If you have been garnished the Magistrate Courts Act has a procedure to set the judgment aside.
Can I pay more than the monthly / weekly instalment, say I win the Lotto or get a salary increase?
YES. The more you are able to pay the quicker the Debt will be paid back.
Can I still pay my own accounts?
NO. All accounts are debts listed in the Administration Order and will be paid by the Administrator to the Creditors as the Law says that NO creditor may receive money directly from a person under Administration. By paying one creditor or two outside the Administration it makes the Creditor a preferential Creditor as the Creditor is getting his/her money before any of the other Creditors. Creditors included in the Administration Order must be managed on the same level and in the same manner. No one must stand first in line.
Can the Creditors take legal action against me while I am under Administration?
NO. The law does not allow a creditor listed in your Administration to hand you over to an Attorney or to take any further legal action against you to collect money or furniture.
If a creditor deducts money from your bank or salary you must IMMEDIATELY go to your Administrator and advise him.
What If I lose my job or my salary changes?
You must advise your Administrator if you lose your job or your salary is reduced. The administrator will make an Application to reduce your instalment for a period until you get new work.
How long does the Administration Order take?
The period the Administration Order will take depends on the total Debt amount which needs to be paid back and the amount you can afford to pay each month. The more you are able to pay each month the sooner you will finish.
Does the Administration Order pay all my debt immediately?
NO. The Debts are paid every month from monthly instalments you have paid to the Administrator.
Administration Orders are not Consolidation of debt as you do not borrow money from the Administrator to pay debts and you do not pay the Administrator back on a loan made with him.
Will the creditors continue to send letters to me or bother me?
YES , some will. You must report the creditors who are bothering you to the Administrator and report all accounts sent to you.
Do not sign any documents a creditor gives you to sign. Sign only documents in front of your Administrator.
What if I have forgotten about an Account at the time of my Application for Administration
Immediately go to your Administrator. The Administrator will notify the creditor of the Administration Order.
Can Creditors add more interest and costs to my accounts under Administration?
YES. Only under certain conditions. Example: If the creditor has a judgment against you before you Administration Order. They have to prove the cost and the interest to the Court before it gets added to the Administration debt and it must be in accordance with all laws on loans.
If the creditor took judgment after he got notice of your Administration Order, the Creditor is not allowed to add the legal cost as he/she was not allowed to take any more legal steps against you.
Will my name appear in the newspaper?
NO. An Administration Order is not a sequestration. Only your creditors get notice of your application.
Will I have to sell my furniture and car?
NO. An Administration Order is not a sequestration. Only if you have a luxury TV, a Hi-Fi or your car is a Porsche or something equally luxurious.
You will have to economize on your standard of living in order to regain control of your finances.
Administration Orders actually protect your movable property as NO creditor can take any further court actions against you to settle your debts, as long as you are under Administration.
Will I lose my Hire-Purchase or House that has a Bond on it?
NOT NECESSARILY. If the furniture you bought is essential or you have already paid a large amount on it, the Court will leave enough money for you each month to pay the account.
The Court will also not tell you to sell your House. However, if you have no housing subsidy and cheaper housing is available than the present bond instalment, the Court can do so.
Can I make new Debt?
YES. As long as you tell the person or institutions you are applying to for credit, that you are under Administration.
If you do not tell them about the Administration it is a crime to loan more money and you can go to jail.
It is better to get a letter from your Administrator and give it to the person or institution you are applying to for credit.
What If I am Married?
People marry in different ways, if you have no marriage contract registered by an attorney, you are married in Community of Property. If you have a Traditional marriage you are also married in community of property. This means that everything that is yours is also your spouse’s every debt is also your spouse’s.
If you are married out of community of property your debt is your own debt.
Will my name be listed on ITC?
By the time you apply for an Administration Order, you may already be behind on your accounts or have already been garnished by a Creditor. So you may already appear on ITC.
Once you have finished paying your Administration Order the Court issues a certificate stating that all debts have been settled. This certificate can be sent to ITC who will amend your record showing all debts have been settled and the order can also be rescinded.
If you have been garnished the Magistrate Courts Act has a procedure to set the judgment aside.
Can I pay more than the monthly / weekly instalment, say I win the Lotto or get a salary increase?
YES. The more you are able to pay the quicker the Debt will be paid back.
Can I still pay my own accounts?
NO. All accounts are debts listed in the Administration Order and will be paid by the Administrator to the Creditors as the Law says that NO creditor may receive money directly from a person under Administration. By paying one creditor or two outside the Administration it makes the Creditor a preferential Creditor as the Creditor is getting his/her money before any of the other Creditors. Creditors included in the Administration Order must be managed on the same level and in the same manner. No one must stand first in line.
Can the Creditors take legal action against me while I am under Administration?
NO. The law does not allow a creditor listed in your Administration to hand you over to an Attorney or to take any further legal action against you to collect money or furniture.
If a creditor deducts money from your bank or salary you must IMMEDIATELY go to your Administrator and advise him.
What If I lose my job or my salary changes?
You must advise your Administrator if you lose your job or your salary is reduced. The administrator will make an Application to reduce your instalment for a period until you get new work.
How long does the Administration Order take?
The period the Administration Order will take depends on the total Debt amount which needs to be paid back and the amount you can afford to pay each month. The more you are able to pay each month the sooner you will finish.
Does the Administration Order pay all my debt immediately?
NO. The Debts are paid every month from monthly instalments you have paid to the Administrator.
Administration Orders are not Consolidation of debt as you do not borrow money from the Administrator to pay debts and you do not pay the Administrator back on a loan made with him.
Will the creditors continue to send letters to me or bother me?
YES , some will. You must report the creditors who are bothering you to the Administrator and report all accounts sent to you.
Do not sign any documents a creditor gives you to sign. Sign only documents in front of your Administrator.
What if I have forgotten about an Account at the time of my Application for Administration
Immediately go to your Administrator. The Administrator will notify the creditor of the Administration Order.
Can Creditors add more interest and costs to my accounts under Administration?
YES. Only under certain conditions. Example: If the creditor has a judgment against you before you Administration Order. They have to prove the cost and the interest to the Court before it gets added to the Administration debt and it must be in accordance with all laws on loans.
If the creditor took judgment after he got notice of your Administration Order, the Creditor is not allowed to add the legal cost as he/she was not allowed to take any more legal steps against you.
Debt Counselling
Will my spouse also have to go under debt review?
People marry in different ways, if you have no marriage contract registered by an attorney, you are married in Community of Property. If you have a Traditional Marriage you are also married in community of property. This means that everything that is yours is also your spouse’s every debt is also your spouse’s.
If you are married out of community of property your debt is your own debt.
Thus, if you are married out of community of property your spouse will not be included under Debt Review. If you are married with an antenuptial contract (ANC), your spouse will not be included under Debt Review.
How long will it take for me to pay off my debt?
Each Debt Review is different. The duration of the Debt Review will depend on your total debts and the instalment paid. The more you are able to pay each month the sooner you will finish.
Will I have credit facilities once under debt review?
NO. Until you have paid your debts in full, you will not have access to further credit facilites.
Can we include cell phone and gym contracts, SARS, doctors' bills and school fees?
NO. These are known as incidental agreements and cannot be included in the Debt Review.
Will interest still be charged or changed on my accounts whilst under Debt Review?
YES. Interest will be charged at the new negotiated interest rate. The new interest rate cannot be more than your original interest rate.
Do I have to change my current bank account?
YES. As soon as you are under Debt Review, you will have to open a new account to avoid having your creditors debit your account.
My account is still being debited - what do I do?
Urgently contact your Debt Counsellor. When your creditors have been notified of the Debt Review, debit orders should be cancelled immediately.
Can I cancel my debt review at any time?
NO. Once you are under debt review you cannot cancel until such time that all your (unsecured) debt has been settled in full (i.e. everything except your home loan). Once you have received paid up letters from all credit providers, the debt counsellor is obligated to provide you with a clearance certificate. Upon this certificate being issued, your debt review status is lifted automatically. There is accordingly no need to bring a further Court application for the rescission of the Court order.
How will this affect my credit rating?
You will be flagged as being under Debt Review at the Credit Bureaus. That status will remain until either you have settled your debts in full or the Debt Review is cancelled through an Application for Rescission at court and a clearance certificate is issued by your debt counsellor.
If I receive extra money, can I use it to settle a portion or all of my debts?
YES. Inform your Debt Counsellor who will arrange for the funds to be allocated to the relevant creditors.
What happens if my salary is reduced as a result of COVID-19 and I am unable to meet my debt review instalment?
You must immediately contact your debt counsellor with proof of such reduction or non-payment of your salary. Your debt counsellor will then send out a form 17.3 advising your credit providers of your change in circumstances. There is however no blanket payment holiday, the banks are applying leniency at this time, but each matter is decided on a case-by-case basis.
Will my spouse also have to go under debt review?
People marry in different ways, if you have no marriage contract registered by an attorney, you are married in Community of Property. If you have a Traditional Marriage you are also married in community of property. This means that everything that is yours is also your spouse’s every debt is also your spouse’s.
If you are married out of community of property your debt is your own debt.
Thus, if you are married out of community of property your spouse will not be included under Debt Review. If you are married with an antenuptial contract (ANC), your spouse will not be included under Debt Review.
How long will it take for me to pay off my debt?
Each Debt Review is different. The duration of the Debt Review will depend on your total debts and the instalment paid. The more you are able to pay each month the sooner you will finish.
Will I have credit facilities once under debt review?
NO. Until you have paid your debts in full, you will not have access to further credit facilites.
Can we include cell phone and gym contracts, SARS, doctors' bills and school fees?
NO. These are known as incidental agreements and cannot be included in the Debt Review.
Will interest still be charged or changed on my accounts whilst under Debt Review?
YES. Interest will be charged at the new negotiated interest rate. The new interest rate cannot be more than your original interest rate.
Do I have to change my current bank account?
YES. As soon as you are under Debt Review, you will have to open a new account to avoid having your creditors debit your account.
My account is still being debited - what do I do?
Urgently contact your Debt Counsellor. When your creditors have been notified of the Debt Review, debit orders should be cancelled immediately.
Can I cancel my debt review at any time?
NO. Once you are under debt review you cannot cancel until such time that all your (unsecured) debt has been settled in full (i.e. everything except your home loan). Once you have received paid up letters from all credit providers, the debt counsellor is obligated to provide you with a clearance certificate. Upon this certificate being issued, your debt review status is lifted automatically. There is accordingly no need to bring a further Court application for the rescission of the Court order.
How will this affect my credit rating?
You will be flagged as being under Debt Review at the Credit Bureaus. That status will remain until either you have settled your debts in full or the Debt Review is cancelled through an Application for Rescission at court and a clearance certificate is issued by your debt counsellor.
If I receive extra money, can I use it to settle a portion or all of my debts?
YES. Inform your Debt Counsellor who will arrange for the funds to be allocated to the relevant creditors.
What happens if my salary is reduced as a result of COVID-19 and I am unable to meet my debt review instalment?
You must immediately contact your debt counsellor with proof of such reduction or non-payment of your salary. Your debt counsellor will then send out a form 17.3 advising your credit providers of your change in circumstances. There is however no blanket payment holiday, the banks are applying leniency at this time, but each matter is decided on a case-by-case basis.
Get in Touch with us
Still have Questions?Contact us by filling in the form below.
Send us an Email
Physical Address
16 Ennisdale Drive
Durban North
4051
Postal Address
PO Box 3384
Durban
4000
Contact Information
| Phone: | (031) 536 1700 |
| Fax: | (031) 536 1711 |
| Email: | law@booysens.co.za |