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Prescription, Procrastination, and Personal Liability for Corporate Debts

Prescription, Procrastination, and Personal Liability for Corporate Debts

by Wessels + Van Zyl Inc | Nov 25, 2025 | Company / Corporate / Compliance, Debt Recovery, Insolvency / Liquidation

“I have heard that in war, haste can be folly, but have never seen delay that was wise.” (Sun Tzu, The Art of War) Collecting debt from a recalcitrant debtor can feel very much like going to war, particularly if you have to slog through the trenches of a series of...
Now Creditors Can Apply for Directors to be Declared Delinquent – Why is That Important?

Now Creditors Can Apply for Directors to be Declared Delinquent – Why is That Important?

by Wessels + Van Zyl Inc | Jan 4, 2024 | Company / Corporate / Compliance, Debt Recovery

“He who is quick to borrow is slow to pay” (Old proverb) A recent High Court decision means that, for the first time, creditors of debtor companies are specifically cleared to apply for the company’s directors to be declared “delinquent” in certain circumstances. And...
Debt Collection – Two Recovery Options

Debt Collection – Two Recovery Options

by Wessels + Van Zyl Inc | Aug 28, 2023 | Debt Recovery

“Creditors have better memories than debtors” (Benjamin Franklin) How well you manage your debtors’ book, and how successful you are in actually collecting monies due to you, should always be a management priority. It can spell the difference between a successful,...
Don’t Give a Loan or Credit to Anyone (Not Even a Friend) Without Legal Advice!

Don’t Give a Loan or Credit to Anyone (Not Even a Friend) Without Legal Advice!

by Wessels + Van Zyl Inc | Jun 27, 2023 | Debt Recovery

“The requirement that credit providers must be registered allows for their control and regulation, especially in relation to their financial probity and integrity, thereby avoiding the unscrupulous exploitation of credit consumers by so-called fly-by-night operators...
Creditors: How to Secure Your Claim with a Notarial Bond

Creditors: How to Secure Your Claim with a Notarial Bond

by Wessels + Van Zyl Inc | Sep 27, 2022 | Debt Recovery, Insolvency / Liquidation

You should always take as much security for your claims as you possibly can before advancing credit or lending money to a debtor. That’s because if your debtor fails and is “liquidated” (if a corporate) or “sequestrated” (if an individual), without security you will...
It’s Not Simple to Sell a House in Execution (Even if a Trust Owns It)

It’s Not Simple to Sell a House in Execution (Even if a Trust Owns It)

by Wessels + Van Zyl Inc | Aug 29, 2022 | Debt Recovery, Property

“A court shall not authorise execution against immovable property which is the primary residence of a judgment debtor unless the court having considered all relevant factors, considers that execution against such property is warranted” (High Court Rules) Selling a...
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CTT Childe Laws Infographic

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  • Director Delinquency Declarations: Managing Your Risk
  • Considering Using Sequestration to Recover Levies? Think Again
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  • Budget 2026: How Much Will the Increased CGT Primary Residence Exclusion Save You?

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