Domicilium Citandi Et Executandi

Domicilium Citandi Et Executandi

Domicilium citandi et executandi is a fancy old Latin term which, if directly translated into English, means something like a “house for summoning and upkeep”.

It is a legal term meaning the address chosen by a party in a legal contract where legal notices may be sent. When you sign a contract for financing, or when you take out a loan you promise in the contract document to update your credit providers if you move. This is so that they can find you and communicate with you.

Moving?

Some people think that if they are struggling to keep up debt repayments it is a clever idea to move and not tell your credit provider where you have moved to. This way, if they send you legal documents, it will go to the wrong address. Is this a good idea? These days credit providers often make use of companies who specialise in tracing or finding consumers, and where they have moved to. Ironically, part of the signed contract says that if the credit provider needs to do this, or spend money to collect money from a consumer (like legal fees to lawyers) that the consumer agrees to pay for this.

If your credit provider is taking legal action against you, is it a good idea to be in the dark about it? No. Part of the legal process is your right to defend yourself and present your side of a matter to the courts.

Over the years many consumers have lost homes and cars because they didn’t go to court to defend their rights. Although the system has improved by ensuring people have the chance to defend themselves, you still want to know if a credit provider is sending you a summons so that you have the chance to defend it effectively.

If You Are In Debt Review

If you are in debt review it is vital that if a credit provider starts a second legal collections process, (remember debt review is itself a legal process) that you get to defend the matter. Some credit providers might have outsourced legal collections departments that start sending out summonses and do not realize that you are already under debt review. Other credit providers might be unhappy with the small amount you can afford to repay each month through debt review, and in a fit of greed decide to ignore the debt review and send you a Section 86(10) notice that they want no part of the debt review.

Protect Yourself

If you have taken out credit and have agreed to repay the debt in a contract, then you have given your credit provider your Domicilium citandi et executandi address. You have also promised to tell them if this address changes. Doing so makes sure that you will be notified quickly if they are taking any legal action against you which you need to defend, this protects you. So, be sure to update all your credit providers if you move.

You should also notify your Debt Counsellor so that they also have a record. If you change other contact information, such as your email address or phone number, then you should also make sure your Debt Counsellor and Payment Distribution Agent have your new contact info. After all, they are there to help you so make sure they can get in touch quickly.

Reference: https://debtfreedigi.co.za/wp-content/uploads/2019/08/Debtfree-Magazine-July-2019.pdf

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