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Can a Debt Collector take my property?
03 June 2019
 

The only way a debt collector can take your property is through the legal process of attachment of moveable property and sale in execution of moveable property ; and the attachment of immoveable property and sale in execution.

A debt collector is any person registered with the Debt Collectors Council ,an attorney, or an agent who collects debts on behalf of that attorney or another person ,for reward.

Where a debtor is in arrears and refuses to pay the outstanding amount, a letter of demand may be served upon the debtor by way of registered mail , hand ,electronic mail or by sheriff.

Failure to comply with the Letter of Demand will result in your matter being referred to an attorney and a possibility of summons being issued against you (debtor) for the capital amount owing , including interest , legal fees and disbursements incurred as a result of collecting the outstanding capital amount.

Should you blatantly fail to defend the matter within ten days of receiving the summons, an application for default judgement may be granted against you and  a warrant of execution  issued , resulting in your property being sold at an auction,  in order to recover the outstanding capital amount.

Your property is usually attached in instances where it is impossible for the debt collector to recover the total outstanding capital amount through the method of Emolument Attachment Order (EAO)  or Garnishee Order.

 

Reference List:

 

Debt Collectors’ Act

Lexis Nexis

Legal articles           
 
 
 
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