Debt review in Alberton, handled by an attorney
Most debt counsellors are not attorneys. Walter Ewart Snr is both, and a retired magistrate besides, so the advice you get here comes with the law behind it.
If the calls have started, read this first
Falling behind is not a character flaw. Interest rates move, work dries up, a marriage ends, someone gets ill. What turns a difficult month into a crisis is usually not the debt itself but the silence around it, because the longer nobody acts, the fewer options remain.
Debt review exists precisely for this situation. It is a legal process, not a loan and not a rescue scheme, and it was written into the National Credit Act to give ordinary people a lawful way to pay what they owe at a rate they can actually afford.
The catch is that it is also a process people get talked into without understanding it. We would rather you understood it first, even if you decide we are not the right firm for you.
How the process actually works
Five steps, in the order they happen.
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1. We look at the real numbers
Every debt, every instalment, and what genuinely comes in each month. No judgement, and nothing is decided at this stage.
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2. We assess whether you are over-indebted
If you are not, we say so. Debt review is not right for everyone, and entering it unnecessarily costs you.
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3. Your credit providers are notified
From this point they generally may not take enforcement steps on the debts under review.
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4. A restructured plan is proposed
One affordable monthly amount, distributed to your creditors, made an order of court so everyone is bound by it.
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5. You pay it down, then you are clear
When the restructured debts are settled you receive a clearance certificate and the flag comes off your credit record.
Why it matters that your debt counsellor is also an attorney
Debt trouble rarely arrives on its own. There is often a summons already issued, a vehicle about to be repossessed, a garnishee order against a salary, or a divorce running alongside it. A debt counsellor who is not an attorney has to send you elsewhere for all of that.
Walter Snr is registered with the National Credit Regulator as a debt counsellor and practises as an advocate, after decades as a magistrate. That means one office can assess your indebtedness, deal with the court order, and handle the litigation that is already under way, without you retelling your story three times.
It also means you get told the truth early. Sometimes debt review is the answer. Sometimes the honest answer is that your position needs a different remedy entirely, and you deserve to hear that from someone who knows the difference.
Questions people ask us
What is debt review?
Debt review, also called debt counselling, is a process created by the National Credit Act. A debt counsellor registered with the National Credit Regulator assesses whether you are over-indebted. If you are, they negotiate a restructured repayment plan with your credit providers and have it made an order of court, so you pay one affordable amount each month instead of juggling several.
Will debt review stop my car from being repossessed?
Usually, yes. Once your application is filed, credit providers generally may not take enforcement steps on the debts under review. There is an important exception: if a credit provider already sent you a section 129 notice or started legal action before you applied, they may be entitled to continue with that particular agreement. This is why applying early matters, and why you should bring every letter you have received to your first consultation.
How long does debt review take?
It depends entirely on how much you owe and what you can afford each month. Restructured plans commonly run for several years. Short-term debts are often settled well before the bond, which is usually paid over its original term. We will give you a realistic estimate once your plan is drawn up, not an optimistic one.
Can I take out new credit while under debt review?
No. While you are under debt review you may not take on new credit, and you will be flagged as under debt review at the credit bureaus. That restriction is part of what makes the process work, because it stops the debt growing while you pay it down.
How do I get out of debt review?
You cannot simply stop. Once your restructured debts are paid up, your debt counsellor issues a clearance certificate and the debt review flag is removed from your credit record. If you entered debt review but are not actually over-indebted, or your circumstances have changed substantially, it may be possible to apply to court to withdraw. Both routes need to be done properly, on paper.
Is debt review the same as administration or sequestration?
No, and the difference matters. Debt review restructures what you owe under the National Credit Act while you keep your assets. Administration is a separate process under the Magistrates' Courts Act, normally used for smaller debts. Sequestration means being declared insolvent and surrendering your estate. These have very different consequences, and choosing the wrong one is expensive.
What does debt review cost?
Debt counselling fees are regulated, and in most cases are paid from your monthly instalment rather than upfront. Ask any debt counsellor to set out every fee in writing before you sign. If someone will not do that, walk away.
One honest conversation will tell you where you stand.
Bring your statements and the letters you have been avoiding. We will tell you whether debt review fits your situation, what it would cost, and what it would not fix.
Book a consultationThis page is general information about the debt review process in South Africa, not legal advice for your specific situation. Debt matters turn on their own facts. Please speak to us, or to another qualified professional, before making a decision.