Onelaw - Case Study

Page 43

attorney

or

statutory

debt

collector

or

the

creditor’s internal debt collection official. Statutory debt collector

A debt collector registered with the Debt Collectors Council and complying with the prescriptions set out in the Debt Collectors Act.

Attorney

A person duly admitted by order of the High Court and allowed to practice as such in any part of the Republic in accordance with the Attorneys Act 53 of 1979. This term will also generally be used to describe

a

candidate

attorney,

unless

specific

reference is made to a candidate attorney. In this regard, the reference is deemed to refer to the person completing (a) his or her mandatory year(s) of articles under contract with an admitted attorney who has the right to be a principal to the candidate attorney or (b) at a Law Clinic as part of a year of community service. Emolument attachment order

An emolument attachment order is an order granted in terms of section 65J of the Magistrates’ Courts Act in terms of which an employer is obliged to deduct a specified amount from the employee debtors’ wages/ salary and pay that amount to the judgment creditor prior to paying the salary/ wages to the debtor.

Tracer

A person that approaches the debtor personally to deliver documents to the debtor and explain same e.g. a section 129 notice provided in terms of the National Credit Act 34 of 2005. The tracer also negotiates payment arrangements and/or obtains consents to judgments etc.

The following abbreviations are used interchangeably with the full reference: Banking Association of South Africa

BASA

Basic Conditions of Employment Act 95 of 1997

BCEA

© BE at UP 2013 | www.be.up.co.za

38 | P a g e


Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.