Debt Collection

Outstanding debt damages cash flow, strains relationships, and — left unaddressed — can threaten the viability of a business. South African law provides effective mechanisms for recovering what is legitimately owed to you. We handle the entire process, from the first demand letter to enforcement of judgment, so you can focus on your business while we focus on your debtors.

The Debt Recovery Process

Most debt recovery matters follow a predictable path: a formal letter of demand, followed by summons if no response is received, then judgment, and finally execution against the debtor's assets or salary. The forum — Magistrate Court or High Court — depends on the amount owed and the nature of the debt.

The Magistrate Court has jurisdiction over claims up to R400,000. The High Court handles larger claims or matters involving complex legal issues. We advise you on the most appropriate and cost-effective forum for your specific claim.

After Judgment: Enforcing What You Are Owed

Obtaining judgment is only half the process. If the debtor does not pay voluntarily, we apply for a writ of execution against their movable or immovable property, or an emoluments attachment order (garnishee order) directing their employer to deduct the debt from their salary. Where a debtor is a company, we may apply for provisional liquidation as leverage or as a last resort.

Prescription: Act Before Your Claim Expires

Most debts prescribe — become legally unenforceable — after three years if no acknowledgement of the debt or legal proceedings have interrupted the prescription period. Prescription does not apply automatically, but a debtor who raises it as a defence can avoid liability entirely. If you are owed money, acting promptly is essential.

What We Handle

• Formal letters of demand — designed to prompt payment and preserve your legal position
• Summons and default judgment applications in Magistrate Court and High Court
• Defended debt matters where debtors dispute the claim
• Writs of execution against movable and immovable property
• Emoluments attachment orders (garnishee orders) against salaries
• Section 65 financial enquiries to trace the debtor's assets and means
• Bulk debt collection portfolios for businesses and financial institutions
• Provisional and final liquidation applications against corporate debtors