What to expect during Section 65 court debt proceedings
DBM Attorney explains Section 65 debt hearings:
Question:
I owe money and have received a notice to appear in court for Section 65 proceedings. What happens next?
DBM’s Charmaine Walker answers:
Receiving a notice to attend a Section 65 hearing can be intimidating, but it does not automatically mean you are going to jail or that your property will immediately be taken away.
Section 65 proceedings are governed by the Magistrates’ Courts Act 32 of 1944.
They are used when a creditor has already obtained a judgment against a debtor and wants the court to determine how the debt can be repaid.
At the hearing, you will be required to disclose your financial circumstances under oath.
The court may ask about your income, monthly expenses, assets, employment and any other debts you may have.
Based on this information, the magistrate can order that the debt be paid in affordable monthly instalments or make another appropriate order.
It is extremely important that you attend the hearing.
If you ignore the court notice, the court may issue a warrant for your arrest or make an order in your absence, which could have serious financial consequences.
You should also be honest about your financial position.
Attempting to hide income or assets can negatively affect your case and may result in further legal action.
If you have received a Section 65 notice, do not ignore it.
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