Getting out of debt review
Lawyers that remove debt review: when you need one
By DebtReviewZA editorial team · 5 min read · Updated 30 September 2026
A lawyer cannot remove you from debt review. Once you have applied you cannot withdraw, and once a court has made a rearrangement order, no court can rescind it. If your debts are paid, your counsellor issues the clearance certificate without an attorney. A lawyer can help in a few narrow situations, such as a Magistrate's Court hearing before an order.
This page explains what lawyers can and cannot do, when one is worth paying for, and how to avoid firms selling removal that the law does not allow.
What a lawyer cannot do
In Van Vuuren v Roets (2019) it was held that a High Court cannot release a consumer under debt review or declare that they are no longer over-indebted. Once a debt review order is confirmed, no court can declare you not over-indebted or end the review. The NCR has said the same about rescinding an order: not even the High Court can.
The NCR's withdrawal guidelines, which apply from 7 March 2022, add that a consumer cannot voluntarily withdraw once they have applied. So there is no application a lawyer can bring to cancel your debt review.
If you are paid up, you do not need a lawyer
When the debts in your plan are paid (or all your short-term debts are paid and only an up-to-date home loan remains), your counsellor must issue the clearance certificate within seven days. The counsellor files it with the bureaus, which remove the flag. No attorney is involved and the NCR fee list has no separate certificate fee. See debt review removal.
If your counsellor refuses or fails to issue the certificate, you may apply to the National Consumer Tribunal to review the decision. A lawyer could help you prepare that application, and you can also complain to the NCR.
When a lawyer can help
A lawyer may be useful in these situations:
- Before a rearrangement order. You can put additional facts to the Magistrate's Court to have the counsellor's proposal rejected. If the court finds you are not over-indebted, the review ends. If it finds you are over-indebted, the review continues. If the court rejects the application, you remain liable for the counselling fees for work completed and for legal fees.
- Your counsellor rejected your application. You have 20 business days to apply to the Magistrate's Court on Form 18.
- A refused certificate. The Tribunal review described above.
- You say you never applied. Complain to the NCR. Your counsellor must make available your completed and signed Form 16. An attorney can help you put your case.
Attorney fees are not fixed. They are agreed with the attorney and given to you in writing. None of this is guaranteed to succeed.
Attorneys and debt counselling
Only a registered debt counsellor can do a debt counsellor's work. The NCR says no person, not even an attorney, can provide those services if not registered. Counsellors are registered with the NCR as individuals, even when they trade under a company or brand name. Always ask for the name and the NCR registration number.
Watch out for 'removal' adverts
The NCR has warned about firms that charge for 'debt review removal'. In NCR Circular 2 of 2025, it said consumers are asked to pay up to R10 000 upfront and in most instances the status is not removed as claimed. Most of these companies are not registered with the NCR.
Under section 126A(3), anyone offering to remove information from a bureau may not receive any payment until the service has been fully performed, and must give you a disclosure statement. If a lawyer or firm asks for money upfront to 'remove' debt review, walk away and report them to the NCR on 0860 627 627 or [email protected].
Lawyer or counsellor: who does what
| Task | Who handles it |
|---|---|
| Assessment and restructuring proposal | Your registered debt counsellor |
| Issuing the clearance certificate | Your debt counsellor |
| Filing the certificate with the bureaus | Your debt counsellor |
| Review of a refused certificate | You, at the National Consumer Tribunal (a lawyer can help) |
| Magistrate's Court application after a rejection | You, on Form 18 (a lawyer can help) |
| Complaint that you never applied, or about a counsellor | You, to the NCR |
| Complaint about a credit provider or bureau listing | You, to the National Financial Ombud |
Frequently asked questions
Do I need a lawyer to remove debt review?
No. If your debts are paid, your counsellor issues the clearance certificate and the bureaus remove the flag. A lawyer cannot cancel debt review or rescind an order.
Can a lawyer get me out of debt review early?
No. You cannot withdraw once you have applied and no court can rescind a debt review order. The only exit is a clearance certificate, apart from a few narrow exceptions.
When should I use a lawyer for debt review?
It may help if you are challenging a proposal before a court order, if a counsellor has refused you and you want to use Form 18, or if a certificate has been refused. Check the fee in writing first.
How much do lawyers charge for debt review matters?
There is no fixed fee. Attorney fees are agreed with the attorney and given to you in writing. If the Magistrate's Court rejects your application, you remain liable for legal fees under the NCR fee guidelines.
Are 'debt review removal' lawyers a scam?
The NCR has reported consumers paying up to R10 000 upfront for removal, with the status usually not removed. Most such firms are not registered with the NCR. Under section 126A(3) they may not be paid until the service is fully performed.
Can an attorney act as my debt counsellor?
Only if they are registered with the NCR as a debt counsellor. The NCR says not even attorneys can provide those services without registration. Ask for the registration number.
