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How we assist with Debt Collection

With a help of a knowledgeable lawyer, recovering debts that are rightfully owed to you become easier and more likely to be successful. It can be difficult to approach your own debt collection without arguments arising and relationships being strained, while many times money owed remains unpaid for years, with every day passing making it harder for you to carry out action and recover the debt.

Whether you are recovering personal debt or are recovering debt owed to your small to medium enterprise based in Cape Town, it is important that every action is taken in accordance with South African laws and regulations, which is where our Kim Armfield and Associates team step in. Our adept legal team are well versed in local laws, as well as any restrictions or underlying causes that could potentially affect your debtors from paying, while our client base includes a range of industries and individuals from all walks of life.

Our debt collection process is straightforward yet effective and begins with our team of attorneys gathering an understanding of the exact nature of your situation, and then outlining the most suitable strategy. While efficiently gathering all information necessary, our team will also assess any available contracts and other materials that are relevant, as we prepare to take the first steps in representing you and recovering the money owed to you. By operating thoughtfully and tactically, many debtors respond better, and less tension arises from both sides. At Kim Armfield and Associates, we will always apply pre-legal approaches first, as legal action tends to present costly and time-consuming prospects, without proving more successful.

As part of our dedicated debt collection service, we will make every effort to contact the debtor, starting with phone calls and emails, and then moving on to letters, until we have managed to establish contact. In many cases, debtors flee the scene in order to avoid paying back the money owed and can even resort to lying and fraud to avoid being implicated. Our legal team are equipped with the resources and connections needed to trace these individuals and arrange a meeting with them to solicit the payment. We can either mediate the debt resolution process between you and your debtor, or else represent you fully. In some cases, it can be more feasible to draw up a repayment plan that is more suited to your debtor’s current finances, which still ensures that you receive what is owed to you.

If all our pre-legal efforts do not deliver the desired results, we will then proceed with legal action. We will first need to establish that the debtor is not over-indebted or in the process of applying for debt review or debt counselling, as this means we cannot take legal action. The litigation process is complicated and expensive and can become even more drawn out if the debtor chooses to defend the matter. Our Kim Armfield and Associates team will guide you through the legal proceedings and advise on best practices.

A letter of demand will allow your debtor 10 days to arrange for repayment, and in failing to do so will be followed by a summons served to them by a court sheriff, which is also when the clerk of the court will be notified. Once judgement is officially granted, you as the plaintiff can apply to have an Emolument Attached Order or Garnishee order attached to either the salary of the debtor, or else to a third party owing your debtor money.

If you would like to discuss the debt collection options available to you in more detail, contact our reputable Kim Armfield and Associates team today to arrange a consultation.

By |2019-10-22T17:31:15+00:00October 15th, 2019|Blog|