Ensuring Your Protection and Security
We assist our clients with the collection of commercial debts, including judgment debts, debts on account and through contracts. Our attorneys use their experience and knowledge to plan the best strategic approach for each collection matter.
A genuine understanding of our clients’ needs, values and priorities empowers us to deliver, efficient, tailor-made credit management & debt collection services at competitive rates.
The firm has the ability to deal efficiently with small scale and large scale debt collections and has been involved in large scale commercial and vehicle asset debt collection.
Debt Collection Process:
- All debtors are first subjected to a soft collection process – negotiating suitable payment plans with the debtor. Should this process yield no result, a formal litigation process is immediately initiated.
- A Letter of Demand or Section 129 letter will be sent via registered post to the Debtor. The Debtor must be afforded the opportunity to refer the matter to a Debt Counsellor, Dispute Resolution Agent, Consumer Court or the Ombudsman.
Should payment not be affected within 10 (ten) days after receipt of the Letter of Demand, the Creditor may proceed with formal legal action against the Debtor. Should payment not be effected within 20 (twenty) days after receipt of the Letter of Demand, the Creditor may proceed to list the Debtor at the relevant Credit Bureaus
- If no response is received after the 10 (ten) day period, Summons will be issued and served on either the domicilium address or personally on the Debtor.
- After the summons is served on the Debtor , he / she will be afforded 10 (ten) court days to serve and file its Notice of Intention to Defend.
- Should the Debtor fail to serve and file its Notice of Intention to Defend within the 10 (ten) court days, we will proceed to apply for Judgment by Default.
- Upon receipt of the Judgement by Default, we can proceed with the Warrant of Execution against the Debtor’s movable assets and instruct a Sheriff to see to the attachment of the Debtor’s assets.
- Should the Debtor serve and file its Notice of Intention to Defend within the 10 (ten) court days, we can within 15 (fifteen) court days after receipt of the aforesaid notice, lodge an Application for Summary Judgement.
Summary Judgment is a further step in law available to the Creditor (Plaintiff) to show the court that the Debtor (Defendant) only served its Notice of Intention to Defend to stay court proceedings without a reasonable defence. The Judge (High Court) or Magistrate (Magistrate’s Court) hears the argument(s) by both representatives and then makes a decision on the facts. In the instance where Summary Judgment is granted, the Debtor (Defendant) defence is struck out and judgment is awarded for the amount as set out in the summons.
In the instance where Summary Judgement is not granted, the Debtor (Defendant) is afforded the opportunity to deliver its Plea (and Counter Claim if applicable) within 20 (twenty) court days and the matter is prepared for trail purposes;
We’re located in the heart of Bellville
23 Hofmeyr Street
Why not give us a call or send us an email
Tel: +27 21 054 6310
Fax: +27 86 691 4998