Sequestration


Sequestration

The process used to file for personal insolvency (or bankruptcy as it's known in the UK and USA) is known as sequestration and it's defined as the voluntary surrender of an individual's estate to the High Court in terms of the Insolvency Act, No.24 of 1936. 

We specialise in sequestration applications and have assisted clients since 1995 with applications to the various High Courts. In fact, we were the first firm to offer this service in the form of an online over-the-web solution.

With our national infrastructure, we can assist you, no matter where you are, locally or abroad, as long as you have access to the internet. We offer all potential clients an initial free, no obligation financial assessment to ensure you qualify for this option. It's your choice to make use of our further services. 

When you know it's time.... Call us - Take the first to becoming debt-free.

Compulsory vs. Voluntary Sequestration

The Sequestration can be either voluntary or compulsory. The procedure and requirements for each method differ in material respects, but the consequences are exactly the same in both instances:

  • Compulsory sequestration: When you can't pay your debt and one of your creditors apply to have your estate sequestrated.
  • Voluntary sequestration: When you can't pay your debt and  you willingly apply to the High Court for sequestration. 

The Insolvency Act, No 24 of 1936 determines the exact process to be followed for sequestration in South Africa, and it also deals with the subsequent administration of the insolvent estate. We discuss the administration in greater detail in our Article section:

Go to Article/Sequestration Process (click here)

Voluntary Sequestration 

  1. You establish contact with us, either by phone or email;
  2. We send you a Info Query Sheet to complete and resubmit to us for a free, no obligation assessment;
  3. We will analyse and asses the information you provided and advise you, free of charge, of your available options, including the risks, pro's and con's that are involved;
  4. Should you choose to make use of our services, we will commence drafting of the application and all related documents;
  5. You will be provided with the required documentation for signature thereof, under oath;
  6. Once we receive the required documentation, we will finalise the application, and enrol it for a court date;
  7. We will then proceed to brief our advocate;
  8. The matter will be heard and argued by our advocate;
  9.  Once the order is granted, the administration process kicks in.

Any questions? Kindly visit our Resources/F.A.Q. or click on the following link: 

Go to Resources/F.A.Q. (click here)