Debt Recovery

Recovering what you are owed, efficiently and cost-effectively.

Unpaid invoices and bad debt drain cash flow and time. A clear, structured recovery process, from letter of demand to judgment and execution, gives you the best chance of being paid, and helps you decide early whether a debt is worth pursuing.

Your recovery options

  • Letter of demand: a formal demand that often prompts payment.
  • Acknowledgement of debt: recording a payment arrangement that is easier to enforce.
  • Summons and judgment: in the magistrates’ court or High Court, depending on the amount.
  • Execution: attachment and sale of assets, or attachment of salary or debts owed to the debtor.
  • Liquidation or sequestration: where a debtor is unable to pay its debts, as a pressure point or last resort.

Act before prescription

Most commercial debts prescribe after three years. Delay also reduces the chance of recovery as debtors move assets or become insolvent.

Is the debtor worth suing?

Before litigating, it is important to assess whether the debtor has assets or income. We help you weigh the cost of recovery against the likely return.

Who we help

We act for:

  • Businesses with unpaid invoices or overdue accounts.
  • Landlords owed rental arrears.
  • Suppliers and contractors awaiting payment.
  • Lenders under loan agreements and acknowledgements of debt.
  • Individuals owed money under private agreements.
  • Creditors in insolvency and business rescue proceedings.

The recovery process

Five steps from demand to payment.

  1. Assessment
    We review the debt, supporting documents, prescription and the debtor’s ability to pay.
  2. Letter of demand
    We send a formal demand with a clear deadline for payment.
  3. Summons
    If the debt is unpaid, we issue summons in the appropriate court.
  4. Judgment
    If the claim is not defended, we apply for default judgment. If a defence is raised without merit, summary judgment may be available.
  5. Execution
    We enforce the judgment through the sheriff, including attachment of assets, salary or debts.

Many debts are settled before trial. Where a debtor offers to pay over time, we record the arrangement so that it can be enforced quickly if payments stop.

GET IN TOUCH

What to prepare

Documents that help us move quickly.

  • The contract, credit application or order.
  • Invoices and a statement of account.
  • Proof of delivery or performance.
  • Correspondence with the debtor, including any admissions.
  • Debtor details: registration number, address and known assets.

Common Questions

An undefended matter can proceed to judgment within a few months. Defended matters take longer, depending on the court and the defences raised.
A successful plaintiff is usually awarded costs, but party-and-party costs rarely cover all legal fees. Your contract may provide for costs on a higher scale.
It depends on the amount claimed. Smaller claims go to the magistrates’ courts, larger claims to the High Court. Very small claims can be brought in the Small Claims Court.
We can investigate whether directors are personally liable, whether there are sureties, or whether liquidation proceedings are appropriate.
Yes. We assist businesses with regular collections on agreed terms, from demands through to litigation.

OWED MONEY?

We help businesses recover debts efficiently, with a clear view of costs, risks and likely outcomes from the start.

Read more: Debt recovery: a strategic legal perspective · Letters of demand

REQUEST A CALL BACK
Facebook Instagram X-twitter Linkedin Tiktok Youtube

This page is general information and not legal advice.

Get in touch

Please complete the following form to get in touch with us.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.