September 2015 - Ivan Zartz Attorneys

30 Sep

4 Top Debt Collection Excuses

As a debt collection attorney in Johannesburg, Ivan Zartz Attorneys often face many debtors who are unwilling to pay monies due to creditors or even after receiving a receipt following the acquisition of goods and services.

We understand what the plethora of excuses mean, and if you’re waiting for what is due to you for a period of time that extends beyond an agreement, then you may need a debt collection attorney in Johannesburg like Ivan Zartz. Here are our 4 top debt collection excuses by debtors:

No answer. These are the debtors that offer little in the way of an excuse. Rather they avoid all phone calls, emails and letters. This can either mean that the debtor has disappeared off the face of the planet (which occasionally happens), or the debtor is truly unwilling to pay the debt. This is a serious indication of non-payment, and you will need to hire the expertise of a debt collection attorney in Johannesburg.
“We haven’t received an invoice yet”. This is a brilliant delay tactic by debtors because it is confirmed to delay the process by at least 2 or 3 days. It is the creditors job to follow up, and then provide the invoice as soon as possible. If a debtor attempts this excuse more than twice then you may want the involve the debt collection attorney.
Authorization of the invoice. This is also quite common, as a debtor will often say that the invoice has not yet been authorized by the accounts manager, or that the account manager is away on leave. This will require deft communication by the creditor. Take down the name of the person you’ve spoken to, find out the date at which the account manager will either be back or will be authorizing the invoice, and follow up on that date. Otherwise, if you fee that you are expected to wait too long, this may be a delay tactic. Contact a debt collection attorney in Johannesburg for help in this regard.
Payment for payment. Many companies will use this delaying tactic when expected to pay debts. The excuse is that the business or individual cannot pay because they’re also awaiting for a payment from another party, or they are expecting funding from the bank. This gives you, the creditor, ample room for you to begin the liquidation procedure on the part of the debtor. For this process you will require the help of a debt collection attorney in Johannesburg.

If you are looking for the assistance of a debt collection attorney in Johannesburg, then make sure you contact Ivan Zartz Attorneys today!

28 Sep

Voluntary Sequestration – A Blessing And A Curse

The South African Insolvency Act is in place for individuals who are suffering from high levels of indebtedness to be able to voluntarily declare their own insolvency, or become subject to automatic insolvency if they are unable to pay their debts. Voluntary insolvency is otherwise known as voluntary sequestration, and declaring oneself insolvent is a good way of removing all debts. But it is not all fun and games once insolvency is declared. Here are some of the advantages and disadvantages of voluntary sequestration.

Advantages of Sequestration

Upon entering the sequestration procedure all credit being paid by the debtor is immediately stopped. No creditor is favored in this regard and no payment can take place after the application has been made. Notice via gazette is distributed so that all creditors have the necessary information in place to be able to cancel a debit order. If a garnishee order is being respected, the order will only be cancelled once the court has accepted the insolvency application.

Sequestration is considered a private matter, so no one besides a person’s creditors, the courts, and legal representatives need know about the insolvency. Neither will one’s monthly income be affected, as this is considered necessary for the individual to rebuild his/her estate.

Disadvantages of Sequestration

Firstly, an individual has to prove to the courts that a sequestration would ultimately benefit the creditors rather than the individual. This is often the case whereby the individual is completely bankrupt. In this respect an individual often hires the help of a legal representative to prove his case to the court.

Sequestration will also create bad credit rating for the individual. A negative credit rating will mean that the individual will not be given credit or will not be able to take any loans out until he/she has been rehabilitated.

The whole sequestration process can take many years, and only once it is completed may the individual approach the courts so that he/she may have their solvency rating granted back to them. Rehabilitation is another process that needs to be made, and once rehabilitated the sequestration status will be removed.

If you are applying for voluntary sequestration make sure that you contact a lawyer or attorney who is specialized and has experience with matters involving insolvency. Make sure you contact Ivan Zartz Attorneys today!

23 Sep

Lessons Taught By Gay Fathers

There is much to be learnt from the experiences of gay fathers, say recent articles in both Times Live and The Conversation. The traditional family nucleus of heterosexual mother and father looking after and caring for their children in typical stereotyped manner is somewhat fractured by the existence of homosexual couples and their own form of child care, but the changes made by homosexual couples and their childcare can be beneficial rather than negative for the family. This gives society a few pointers as to how parenting should be undertaken in the modern day and age.

The first point that gay parents seem to bring into contention is the perception of gender roles. For years women have been expected to be typical housewives, looking after children and ensuring a well-kept home. Men, meanwhile, have typically been the breadwinners, and have naturally drifted away from emotional attachment with children. However, the concept of biological motherhood needs to be entirely discarded by gay parents. Traditional concepts of ‘women-only’ activities reserved for mothers need to be undertaken by gay men in order to responsibly bring up their children. And if gay men can do it, why not heterosexual fathers?

If men take over some of the responsibilities associated with motherhood, then both genders will stand a lot to gain from such a change. For one, fathers will spend a lot of additional time with their children, and they can therefore develop their relationships between father and child. Women will also be afforded the time to participate in the workforce, and they will not have the added responsibility of participating in ALL aspects of child-rearing. Instead child care will be a shared responsibility by both parents.

The articles made a reference to the fact that gay marriages, and childcare undertaken by a gay parents, is often believed to threaten the typical heterosexual relationship. There can be nothing farther from the truth. Families unified by the relationship between gay couples often deliver lessons that can be learnt by all. The most important lesson they can teach is that parenting is a shared responsibility for both parents, and that in cases regarding child custody both the father and mother should have equal rights regarding childcare and contact. If you require a specialized Child Custody Attorney with years of legal experience, contact Ivan Zartz Attorneys today.

21 Sep

State Illegally Collects Debt

Recent news has developed in Johannesburg over the last few months. It has come to light, through inquiry on the part of the Democratic Alliance, that the City of Johannesburg is illegally collecting on debts that until this point have been outstanding.

The City of Johannesburg has been extending debt collection on arrears older than 3 years, which was declared illegal by changes made to the Consumer Protection Act in March this year. Arrears attached to properties, which can include non-payment on utilities, that are older than 3 years should be dropped. Debt collection processes instigated by the City has led to debt agreements that many residents are unable to pay. Some are still expected to pay on interest on settled debt and instances whereby a clearance certificates were issued.

The City declares that all debts linked to the property are still able to be pursued though, and that the City is attempting to prevent the act of illegally consumed utilities; and action that has led to millions of rands worth in uncollected debt in Johannesburg. It is quite obvious that the various acts need to be revisited and reviewed if there is to be any more clarity regarding the matter.

This also comes at a time when recent statistical reports indicate that not only is South Africa in significant debt, but its occupants are experiencing more debt as unemployment is up to 35%. What may also contribute to the non-payment of utilities is the fact that the delivery of services has gone up from 50% to 56% percent, increasing the number of individuals’ access to electricity, of which many do not pay.

If you are looking for an attorney with experience in debt collection cases, whether you are a creditor or debtor, ensure that you contact Ivan Zartz Attorney for a consultation. Ivan Zartz Attorney’s are a team of professional debt collection attorneys that are incredibly proficient in providing legal assistance in cases of debt collection.

16 Sep

No Genetic Link Required For Surrogacy in South Africa

There has been a new development with regards to the legal regulations involving surrogacy in South Africa. The revision regarding surrogacy laws are so groundbreaking that it may change how surrogacy is viewed in the country, and there will likely be a surge in the number of surrogate applications.

The Pretoria high court overturned the legal requirements of parents who wish to apply for surrogacy. Where couples were required to provide at least one gamete from one of the proposed parents required for artificial insemination, now neither parent is required to do so if they are unable to provide a gamete. The revision takes into consideration that there are many couples where neither proposed parent is able to have children. Therefore no genetic lineage is required in the surrogate application.

Until this point there have been many distressed couples who have been looking for ways and means of having children, but to no avail. The requirement for a genetic link between child and parent was defended by the conviction that a link safeguards the concept of family. The court however believes that this would be discriminating against those families with adopted children. By no means is a family with adopted children less equal than that with children naturally conceived.

The court and supporters of the new ruling believe that this represents the perfect opportunity to give the gift of life to those who are unable to have children at all. One portion of society that can benefit most from this ruling are those unmarried women and men who are infertile, and wish to be the proposed mothers or fathers in a surrogacy case. The ruling, however, will make its way to the Constitutional Court to determine whether or not it becomes legislation.

For more information on surrogacy in South Africa, make sure you contact Ivan Zartz Attorneys. Ivan Zartz and his team of legal specialists are experienced in providing the necessary legal assistance to those interested in executing a surrogacy application.