Legal

Only under certain circumstances should legal action be taken.  Some of the factors that must be considered include:

  • Is anyone else liable?
  • Do we know the Debtors whereabouts?
  • What are the Debtor's circumstances?
  • Is the account undisputed?

It is only after answering these questions that legal proceedings should be contemplated.

The Process: The reason we take legal action is to get use of extra legal remedies that will assist in the collection of your debt.

These include:

  • Having the Debtor examined as to their assets and liabilities.
  • Obtaining an order to seize the debtor's property and having it sold at auction.
  • Having the debtor's wages or benefit attached so that a certain amount is deducted each week until your Judgment has been satisfied.

However, before we are allowed to use them, we must prove to the Court that the money is owed. There are several ways to achieve this and we will provide a recommendation that best suits each debt's situation.

Unlike some agencies that only use one or two standard approaches, our association with Citylaw ensures all the legal options available and what is the most effective and cost efficient.

In many cases legal proceedings may not demonstrate your intentions and the Debtor may settle the account immediately. But in some cases, legal proceedings may not be appropriate and other courses of action should be followed to obtain the best result. This may include arbitration or mediation.

Nearly all of the legal fees incurred during a debt recovery can be added to the debt and are payable by the Debtor if and when they pay. You can increase your ability to recover all the costs if your terms of trade include a debt recovery clause. (We can help you with this).

All legal proceedings require your prior authorisation and will be fully explained to you by your personal Collection Officer.