Thursday, 11 June 2015

Fraud Within Debt Collection Practice

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The debt collection practice in South Africa is fraught with fraud. Unfortunately there is a whole host of attorneys and law firms in the country that abuse their rights in trying to squeeze money out of debtors. Fortunately here at Ivan Zartz we assist those creditors who are legally owed monies by debtors that have the ability to pay their debts but choose not to.

Garnishee Orders

Ivan Zartz Attorneys respects the garnishee orders that protect both parties in a debt agreement, but other attorneys sometimes bypass regulation so that they may abuse debtors in order to collect on debt before the specified time or otherwise when the debtor is completely unable to repay their debt. The garnishee order and the rights of the debtor and creditor are explicitly laid out in the National Credit Act. The practice of debt collection in South Africa is rife with cases of abuse and debt collection practice that is otherwise deemed unnecessary.

Illegal Debt Collection

Those that are abused by such practices are not the individuals or organisations that Ivan Zartz Attorneys follows up on as we deal in cases of debt collection amounting to over R100 000. Those that are affected by fraudulent debt collection are the poorer and less informed members of our society.

These people are often victims to numerous kinds of debt collection abuses. A common theme in South Africa is the use of physical force or verbal threat in order to collect owed monies. A more underhanded approach to debt collection is the fraudulent tampering of official documents such as the garnishee order. These documents are brought to the debtor to force them to issue their debts. At other times these fraudulent documents are brought into court and are actually considered by some officials in the jurisdiction. Fraudulent attorneys will also attempt to smear the debtor by labeling them as not being creditworthy

At Ivan Zartz we encourage these debtors to retain important documents regarding their debt payment schemes and report any illegal uses of force, smearing or intimidation. Our practice relies on legal and agreeable approaches to collect monies owed by those parties (often businesses and organisations) that owe extreme amounts of money to smaller creditors. Contact Ivan Zartz Attorneys to find out more.

As the sole practising attorney at my law firm, I've built my company on the principles of exceptional client service and industry-leading legal assistance. Based on over 30 years' experience as a practising lawyer, in both commercial and family law, my team and I pride ourselves on tenaciously pursuing the interests of our clients and implementing innovative legal tools and methods in order to provide them with solutions that deliver top-quality results.

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