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Debtbusters Legal Process – Completing a supporting affidavit
Narrator: Debtbusters is South Africa’s largest debt management company, dedicated
to helping South Africans gain financial independence
and solve their debt problems. You remember John:
John: Hi, Im John Narrator: In order to become debt free and
get this (clearance certificate), John needs to follow proper procedures.
The legal procedures can be quite intimidating. John: Im battling to understand a few things
about the legal application process involved in debt counselling.
Narrator: Meet Anele, our expert Debtbusters consultant, who will explain the process to
John including the legal terms, the documents involved, the people involved.
John: Debtbusters has already negotiated new agreements with my credit providers, reduced
interest rates and extended repayment terms, which will be enforced with a court order
to protect me under the National Credit Act. So why is a supporting affidavit also necessary?
Anele: A supporting affidavit confirms that you are in debt, and needs to be rubber stamped
to make sure you and your credit providers stick to your new agreement. We cannot take
your application to court without it. And before it goes to court, we need to ensure
it is 100% valid. John: How can you tell if its valid or not?
Anele: There are a few simple things. Let’s take a look at the forms:
Firstly, we need to make sure the correct jurisdiction is listed at the top of the affidavit,
this is the court in the area that you live in.
Secondly, we need to make sure that your particulars, such as your name, ID number, sex, marital
status and your address are correct. If you and your partner are married in community
of property, both you and your spouse’s information will need to be checked.
In the affidavit, the date when you signed up for debt counselling is very important
in terms of the law. Then, all you need to do is print out the
affidavits single sided and make sure it is correctly signed by you, and the commissioner
of oaths. John: Um, where exactly can I find this commissioner?
Anele: Commissioner of Oaths is a police officer who is officiated to witness the signing and
swearing of a document, to prove its truth so that it can be sent to court. Also, you
are only allowed to sign in black ink. John: Okay, black ink only and two signatures,
where? Narrator: You and the commissioner have to
initial every page on the bottom right corner. Then sign in full on the last page. The commissioner
also needs to stamp and sign on the last page. Then you need to post the affidavit back to
us. Then Debtbusters will take it from there and proceed with the legal application on
your behalf. John: Mmm, that was easier than I thought.
Narrator: For more information on this process, or to find out how Debtbusters can help you,
contact us on 086 999 0606.