Who does what
| Debt counsellor | Attorney | |
|---|---|---|
| Issues a clearance certificate (Form 19) | Yes, and must do so once you qualify | No |
| Brings a court application to end debt review | Prepares the affordability evidence | Yes, files and argues the application |
| Must be registered with | The National Credit Regulator (NCRDC number) | The Legal Practice Council |
| Best when | Your short-term debts are paid | You still owe money but can now afford it, or the order was granted in error |
Do I need a lawyer to remove debt review?
Most people searching for "lawyers that remove debt review" do not need one. If your short-term debts in the plan are paid, the clearance certificate route is quicker and cheaper, and it is your debt counsellor's job. A home loan can still be running.
You need the court route when you have not finished paying but your finances have recovered, for example after a salary increase or after paying off a large account, so you are no longer over-indebted. A court can then declare that and end your debt review. The same route applies if your debt review was granted when it should not have been.
How Debt365 handles both routes
Debt365 is an NCR-registered debt counsellor (NCRDC2403). We issue clearance certificates directly, including for clients who transfer to us from another counsellor. Where the court route is needed, we prepare the affordability evidence and the matter is filed through attorney-led applications, with the full cost given to you in writing first. See what each route costs.
If you do use an attorney, ask these questions
- Is the court route really necessary, or do I already qualify for a clearance certificate?
- Who will provide the debt counsellor's affordability assessment the court needs?
- What is the total fee, including court costs, in writing?
- How long until the order is granted, and who notifies the credit bureaus afterwards?