10 May Do I Have to Appear in Court for Debt Review Removal?

Do you have to appear in court for debt review removal? For a lot of us, the thought of appearing in court can seem daunting. It can be scary standing in front of a big and important judge that, depending on their mood, can decide your financial fate. And as we all know, our finances have the power to dictate the agency we have over our lives. Hence, this blog discusses what you need to know about appearing in court for debt review removal and what circumstances justify a court appearance. Let’s jump in!

When do I have to go to court?

Good news! In most circumstances, consumers don’t have to appear in court at all, except for in few and far between instances (to be discussed later). Usually, your lawyer will handle the debt review rescindal process, but it is permissible that you represent yourself in court, though this is not recommended. That’s because lawyers are usually quite specialised in the debt review removal process and have worked with many cases like yours before to gain experience. If you misstep, you may be stuck in the debt review process for longer than you intended.

When would a debt review removal application result in a court appearance?

Firstly, if there is a dispute among you and your creditor or no consensus, like if your creditors disagree that you’re no longer overindebted, a judge might request that both parties appear in court for questioning. This is so the judge can hear everyone out and make a fair and accurate decision about next steps.

Secondly, court appearances sometimes act as safeguards for both you and your creditors. Judges can question you about your change in circumstances and assess the evidence you present to ensure that removal of debt review is completely justified. This is to protect everyone from future financial problems.

What will happen if I have to appear in court?

Though it might seem formal and intimidating, going to court is only as fearsome as you make it. The people you’ll see in the courtroom include:

• A judge
• A court clerk
• Your debt counsellor or one of our lawyers
• The opposing party (creditors)
• Court reporter
• If necessary, witnesses can testify to your financial situation.

The clerk will announce the case, signifying the initiation of the hearing. Everyone stands as a sign of respect to the judge. Everyone who is a part of the case will take an oath to tell the truth. Then, your representative will present your case, and the opposing party will present theirs. The judge will consider everyone’s arguments and evidence before making a decision. They might also request further information before reaching a verdict. The judge might also adjourn (stop) the hearing if there isn’t available information or a witness isn’t present. Otherwise, they will rule for or against you.

When do I not have to go to court?

You don’t have to go to court if your creditors accept your repayment proposal. This is regulated under the Debt Counselling Rules System (DCRS). Your interest rates and terms will immediately be changed, making your court appearance uneccesary.

If you need someone to argue on your behalf so you can get out of debt review, contact Cape Town Legal Consultants. Our lawyers have more than 15 years of experience representing those who are no longer overindebted and need a clearance certificate.