Long answer:
In most cases, you don’t need to appear in person. Your debt counsellor’s legal team (or an attorney/advocate) submits your matter to the Magistrates’ Court or the National Consumer Tribunal (NCT) for a rearrangement/consent order, and handles the hearing on your behalf—provided your paperwork is complete and there are no unusual disputes. Consumer-facing guidance and industry practice confirm that personal attendance is rare, though every case still goes to court or the NCT for confirmation
Navigating the debt review process can be a daunting task and it might seem a scary prospect, because it involves legal proceedings. The good news is that debt review clients are generally not required to attend court hearings. Your debt counsellor will approach the court on your behalf, after having negotiated and formalised a personalised repayment plan for you. The court order is legally binding and your creditors need to adhere to it.
Some jurisdictions might require the presence of the client during the hearing, especially in cases where the terms of the debt rearrangement are complex or disputed by creditors, but this is rare.
Clients under debt review are represented by their debt counsellor or a legal representative during court proceedings. This representation is crucial as it ensures that the interests of the client are effectively communicated and defended. Legal representatives are well-versed in the intricacies of debt review and the National Credit Act and can navigate court procedures efficiently.
Why there’s a hearing (even if you don’t attend)
Debt review needs a binding order so credit providers and credit bureaux must follow the plan. If all parties agree, the matter is usually enrolled as a consent/rearrangement order—either at the Magistrates’ Court or the NCT—without the consumer in the room. If there’s a point the presiding officer wants clarified (e.g., missing affidavits, conflicting balances), your representative answers. This keeps the process formal, predictable, and enforceable
FAQs
Do ALL debt review matters go to court or the NCT?
Yes. The plan must be confirmed as a court/NCT order to be enforceable. That step can be paper-based (NCT consent order) or on a court roll, but it still happens.
If I don’t attend, is the order still valid?
Absolutely. The order binds you and your credit providers the same way, whether you attended or your legal representative obtained it. (NCT consent orders and Magistrates’ Court orders both carry force.)
When might a magistrate ask to see me?
It’s uncommon, but it can happen for disputes or document issues. Your counsellor’s attorney will advise you long before the date if attendance is needed.
What if we’re changing or rescinding an existing order?
Variations/upliftments follow different procedures. Your attorney typically appears; personal attendance is still infrequent, but possible depending on the relief sought.
Which is “better”—court or NCT?
They’re different routes to the same outcome: a binding order. Uncontested matters often suit NCT consent orders; complex disputes may be better in court. Your counsellor chooses the faster, cleanest route for your file.
Should you attend Court Hearings Voluntarily?
While not always mandatory, there can be advantages to attending court hearings. It allows you as the client to have a direct understanding of the proceedings and the decision-making process. Being present can also demonstrate to the court and creditors that you are committed to resolving your debt situation. However, attending court can be intimidating and may require time off from work or other personal commitments. Clients should weigh these factors and consult with their debt counsellor or legal representative to make an informed decision.