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Owners, Managers, financial managers and credit controllers of companies and businesses need to realise that from a legal perspective it is critically vital that if a company wants to liquidate itself or declare itself insolvent they must legally set up and register their company or closed corporation if the company has found itself in debt due to its inability to pay its creditors and is guilty of performing any of the following actions. The company or closed corporation cannot pay their debts because they are waiting for a large amount of money to be paid to them from another business or company. The company or closed corporation cannot pay their debts to their creditors because their clients or customers are not paying them. The company or closed corporation cannot pay their debts due to the fact that business is bad and the South African economy is weak and the company’s or closed corporation’s directors are trying to borrow money from a bank or another financial institution or third party. These are the three basic indicators to all creditors that their debtors are in financial trouble and that their debtors, no matter what the debtors say, will be able to pay back their debts to their creditors. As a debt collection and debt recovery attorney, Ivan Zartz is fully aware of these indicators and acts immediately, on behalf of his creditor client, should any of these excuses be used by his client’s debtors. Once these excuses are used by debtors the related creditor’s financial manager or credit controller or company assigned representative must make written notes of these excuses, detailing exactly what was said, who said it and the date and time that these excuses were made. Once these excuses have been written down, both the creditor and the debtor need to authorise the written document to be used as legal proof that these excuses were made by the debtor and that the creditor has noted them. This is especially the case of these comments were made over …

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All fathers and mothers should know that according to the law one of the parental plan responsibilities that a divorced father will enjoy is that he will still possess guardianship over his child or children. An example of this type of responsibility would be when the child or children reach the stage where they would require the father’s consent to get married. This is obviously if the child or children are underage, meaning that they are younger than twenty one years of age. Children under age will need the father’s consent to get married and this aspect is legally part of a father’s custody rights and forms part of the related parenting plan for his children. That being said, when it comes to the definition of an unmarried father, Section 21 of the Children’s Act stipulates certain conditions under which the father is assigned full parental plan responsibilities and a fathers custody rights over his child or children. The situations in which the father has these rights are as follows, quote “If at the time of the child’s birth he is living with the mother in a permanent life-partnership or if the father, regardless of whether he has lived or is living with the mother, consents to be identified or successfully applies in terms of section 26 to be identified as the child’s father (i.e. if the court confirms his paternity) or pay damages in terms of customary law. The father contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period and contributes or has attempted in good faith to contribute towards expenses in connection with maintenance of the child for a reasonable period. If there is a dispute between the biological father referred to in sub- section (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in sub-section (1) (a) or (b), the matter must be referred for mediation to a family advocate, social worker, social service professional or other …

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When recovering debt or instituting debt collection actions retrieving more than one hundred thousand rand owed by companies and or closed corporations, Ivan Zartz a debt collection attorney in Johannesburg South Africa, tackles this situation in a unique and successful way. His method of debt recovery for these large amounts of money only apply to debt collection of this magnitude from companies and or closed corporations and do not apply to recovering debt owed by individuals. Instead of issuing the customary legal summons to the company and or closed corporation’s owner/s manager/s or financial representative/s, Ivan ensures that certain aspects and proof of the communication that took place between the debtors and creditors are in place, before he applies his unique and effective method of collecting the debt from these businesses. All these aspects need to be in place before the case of debt collection is handed over to Ivan. These aspects are as follows. Firstly, all related paperwork and documentation pertaining to the communication between the creditor and debtor needs to have been made containing related signatures as proof that the communications did take place. Also proof of delivery of products or services by the creditor to the debtor needs to be done and available, specifying the cost of such deliveries . All genuine queries relating to the account have been resolved, meaning that there should not be any way that the debtor can manipulate themselves out of paying the debt. Detailed notes of conversations with the credit department of the debtor or person responsible for paying the money to the creditor, containing reasons why payment is not or has not been made. There is agreement by the creditor concerned that the settlement of the debt is more important than retaining the customer or client. What needs to be known from a legal standpoint is that a company or close corporation may be declared insolvent if it can be proved that the company or …

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As per the current law, Section 20 of the Children’s Act No 38 of 2005, the biological father, of his baby that was conceived while he was married to the mother of the baby, is legally allowed to visit his baby at a time that is convenient for the mother of the baby. What needs to be considered here, legally, when deciding on the timing of the visitation rights of the father, is that the visit/s need to be scheduled around the times that the mother is attending to, looking after and bringing up the baby. This rearing schedule takes priority and the timing of the father’s visitation rights take a second place according to the law. When it comes to the father’s custody and visitation rights of older children, who are not infants or babies, there is no strictly legal rule or law stipulated by the courts. The agreement between the father and mother of the older child or children is that the fathers custody visitations should be planned and take place during times that do not interfere with the social, educational and religious events of the child or children. This usually results in the father visiting his child or children every second weekend, on long weekends, on Father’s day, during alternative long and short school holidays and on every alternative Christmas day. What needs to be stated here is that the above example is not a hard and fast legally stipulated law assigning these visiting times where the father can visit his child or children. It is merely shown as a good example of what mothers and fathers usually agree on when deciding what the fathers custody rights are when it comes to him visiting his children. As the visiting rights of the father is part of the parenting plan agreed upon by the guardians or parents of the child or children, the whole scheduling and timing of the fathers custody rights, as far as visiting his children is concerned, depends entirely on the relationship of the mother and father after the divorce is being finalised. If there …

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All creditors, be they an individual or own a businesses or company, would definitely like to identify and realise when their debtors start showing the signs of not being able to or will not ever pay their debts back. Identifying these early signs will enable the creditor to start debt collection and debt recovery proceedings as early as possible in order to reach a successful conclusion where that money that is owed to the creditor is paid back by each of their respective debtors. This will make the process and success rate of debt collection in South Africa more effective and hopefully more successful. Ivan Zartz, a debt collection debt recovery attorney in Johannesburg South Africa, has over the last twenty five years identified the early warning signs that creditors should look out for from their debtors indicating that their debtors will not be paying back the money that is owed to them. As far as the law is concerned a company, business or legally registered commercial concern is deemed not able to pay back their respective debts to their creditors, once a letter of demand has been sent to the registered office of the company or close corporation demanding payment of that specific debt. The letter to this the registered office of the company or close corporation must be officially served to that office, company or closed corporation, by a legally appointed sheriff. Once more than twenty one days have passed from the date that the office, company or closed corporation received that letter in person from the sheriff and no subsequent payment by the debtor to the creditor has been received by the creditor, then it is seen as a non payment of debt. Another legal instance that a company, business or legally registered commercial concern is deemed not able to pay back their respective debts to their creditors, is when there is a written or oral admission by a representative of the related company’s finance credit department of the debtor that the company is …

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According to Section 20 of the Children’s Act No 38 of 2005 the biological father, who is married when conceiving his child or children, is the person who possesses complete parental responsibilities and legal child custody rights in South Africa of his child or children. This means that the father, as a consequence of being married to the mother of the child or children or was legally married to the mother at the time that the child or children were conceived or at the time of the child’s or children’s birth or during any time between the child’s or children’s conception and birth, has legal child custody rights to his child or children. If the father and mother of the children or child get divorced and are finally and legally divorced, then the biological married fathers of the child or children, at that time, have the following legal custody rights of their child or children that were conceived during that marriage. The father has the legal right to contact, care and to provide related guardianship of his child or children. This means that legally the biological fathers of their child or children can legally become the main care givers of their own child or children. Furthermore, the child or children are also legally allowed to stay with their father at his home or residence as this fathers custody guardianship right can be awarded to the father by the courts, especially if it has been proved, beyond any reasonable doubt, that the mother of the child or children is an alcoholic or a substance abuser of any kind and who has no motivation or chance of being rehabilitated. Up until the period of the nineteen ninety’s’ fathers were legally considered not to be as competent, efficient and effective, when it came to providing primary care for small babies or very young child or children. Today that mind-set has been legally changed. This means that currently fathers are legally allowed to and are regarded as adequately competent to provide primary care for their …

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