n Without Prejudice - Drowning debt collection in paper : financial law




Since the introduction of the National Credit Act (the NCA), the collection of debts has become an arduous task. One of the debt-collection mechanisms available to a creditor is s58 of the Magistrates' Court Act. This allows a creditor to obtain judgement against a debtor for payment of a debt, after service of summons or a letter of demand, if the debtor has consented to judgement being entered in favour of the creditor for the debt and costs. Judgement is then granted by the court without the necessity of evidence. Unfortunately, it appears that this route has become less easy to travel.


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