Ursula Gouws Consulting

Your professional, efficient, cost-effective solution to personal sequestration and business liquidation.

Important Questions

Question

Most Importantly; your house –
Will I lose my house?
The bank is going to start legal action against me soon because my bond is in arrears.
And your car –
My car is on HP at the bank?
My car is paid up and registered in my name?
My parents (brother, sister, friend) bought my car and the finance is on their name?
And your Insurance Policies

Can they take my Pension policy held by my employer?

 

I have ceded my policy to a creditor?

 

Answer

Unfortunately YES.  There is no way to save your property in a sequestration either bonded or paid up.
Contact us to discuss your options during this process
And your car –
Unfortunately Yes. You will lose your car.
You will keep your car and use the value towards your contribution.
You will continue to pay the car payment in full and you will not lose the car.
And your Insurance Policies
NO. Any policy or funds that fall under the Pensions Act is protected by the Insolvency Act.

 A policy that has been ceded to creditors will become the property of your creditor and they can deal with those policies in accordance with their policies.

 

 

Myth Busters

I will wait for my creditors to sequestrate me.

Answer – A creditor is not keen to bring a “hostile” Sequestration Application, because it is normally cheaper for them to follow execution steps via the Sheriff. Hostile sequestration Applications are normally brought against debtors who have very large estates and have hidden their assets from creditors.

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