Consequences of Debt Judgments: Legal Fees and Asset Attachment

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Consequences of Debt Judgments: Legal Fees and Asset Attachment
Debt JudgmentLegal FeesAsset Attachment
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A debt judgment can lead to the attachment of your salary and property, as well as the payment of legal fees. It also affects your credit record and ability to obtain credit.

A debt judgment can result in the attachment of a portion of your salary until you have paid off the judgment debt.

On top of losing valuable assets and your credit record being impaired, a credit provider might also serve a bill of costs on you in order to quantify the legal costs that they incurred in order to obtain judgment against you.Before a debt judgment is taken against you, you must be issued with a section 129 notice notifying you that you are in arrears in terms of your credit agreement with a creditor.

This process begins with the issuing of a warrant of execution followed by a visit from the sheriff of the court, who takes any movable property of value. This can be anything from vehicles, furniture and appliances, to works of art. A debt judgment remains in place for 30 years or until you have paid it off. If you do not pay it off or get a court to rescind it, it can be collected at any time within those 30 years.A creditor might also seek to execute on immovable property, like your home, holiday home or investment property.

Based on that information, the court can make an order to direct what amount you should pay on a monthly basis in order to settle your debt, and may obtain an emoluments attachment order directing your employer to deduct the amount from any salary due to you and to pay your creditor directly.

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