Commentary from Our Manager: Inspections and AML Compliance
If you’ve tried budgeting or debt consolidation but still find yourself unable to meet your minimum repayments, it may be time to consider more decisive action to prevent your debt from spiralling out of control.
One such option is debt administration—a legal process through which an administrator helps you repay your debts and work toward becoming debt-free. This option is only recommended as a last resort, and only when all other alternatives have been exhausted.
Administration is designed to provide you with breathing space by reducing your monthly debt repayments to a more manageable amount—allowing you to still cover your basic living expenses. However, it's important to understand that:
One such option is debt administration—a legal process through which an administrator helps you repay your debts and work toward becoming debt-free. This option is only recommended as a last resort, and only when all other alternatives have been exhausted.
Administration is designed to provide you with breathing space by reducing your monthly debt repayments to a more manageable amount—allowing you to still cover your basic living expenses. However, it's important to understand that:
- You can only apply for administration if your total debt does not exceed N$50,000.00
- You do not own enough assets to cover that debt
This process requires a voluntary application to court, and once approved, your finances will be managed by a court-appointed administrator.
Important Considerations
- You will still be listed on a credit bureau, even after being placed under administration.
- The process involves legal and administrative fees, which can be costly.
- The administrator will not provide you with additional funds—they will use your own money to pay your creditors.
- A garnishee order (also known as an emoluments attachment order) will be issued, allowing deductions to be made directly from your salary.
Once placed under administration, you lose control of your financial decisions. It becomes your responsibility to monitor the administrator’s actions and ensure they are making the required payments on your behalf.
Disclosure Requirement
It is also a legal obligation to disclose your administrative status when applying for any new credit or loans. Failing to do so is a criminal offence and may lead to arrest and prosecution.
Once you're under administration:
Once you're under administration:
- Your creditors may no longer contact or harass you directly; they must deal with your administrator.
- You gain some structure and predictability in managing your repayments.
However, this is a serious commitment with long-term implications, and should only be considered after thorough evaluation.
In our next issue, we will explore related legal processes such as emoluments attachment orders, consent to judgments, and other important documents you should understand if you're managing debt.
In our next issue, we will explore related legal processes such as emoluments attachment orders, consent to judgments, and other important documents you should understand if you're managing debt.
Remember: Stay vigilant, seek advice, and take action early to prevent your debt from spiralling out of control.