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Taking legal action
against a debtor is the second phase of action in our recovery process.
Even though every effort is created to encourage payment, some debtors
only react on court proceedings. Unfortunately, this phase is time
consuming and an expensive exercise. Nevertheless, a fruitful one in
most cases.
Various debtors react
differently towards legal action. You will find those that will accept
the Emoluments Attachment Orders (Garnishee Orders) with enthusiasm on
their salary, as they benefit from the inconvenience of paying
monthly. Then there are those who finally come to realize that
finding the funds to repay now becomes a reality and uses the legal
action and the time it provides to collect money to pay.
We institute legal
action on your behalf against any debtor capable of paying and unwilling
to pay.
FAQ's in
Court Action
Does the court
action ensure that I get my money? This depends on the status of the
Defendant. If the defendant is insolvent or unemployed and has no assets
then recovery is doubtful. The same applies to companies that have
ceased operations.
What does it cost
me? Each party is responsible for their own fees. Able Tracers &
Debt Collectors offers our clients the benefit of no upfront deposit for
legal fees or court costs provided that successful judgement is passed.
The Defendant/debtor will now become responsible for such fees.
What is a judgement?
After issuing a summons the sheriff of the Magistrate Court delivers the
summons to the Defendant. The Defendant has days to reply and have the
following options:
-
to admit that the
claim is valid and due
-
to defend the claim
in full
-
to acknowledge part
of the claim
If no response from the
Defendant is received we will apply for judgment and when it is passed a
judgment is issued.
What then? The
ball is now in our court to request from the court either an order to
get a deduction from the salary of the defendant or request the sheriff
to remove furniture in order to pay for our claim.
Will I need to go to
court? If your have a valid claim against the debtor, it is seldom
necessary to attend court as the Defendant/debtors prefer to settle the
claim before wasting their time in court, especially if they know they
will lose.
However, sometimes
court hearings do take place especially in defended matters where the
claim is in dispute. All parties will then have the opportunity to give
evidence. Able Tracers & Debt Collectors does not cover legal
fees in defended court hearings.
Does Able Tracers
& Debt Collectors give legal advise? It is not possible for us
to provide you with specific legal advice on a particular matter as we
are not attorneys. However, we have firms of attorneys also specialising
in debt collection which we instruct with particular matters and will
not hesitate to request legal advise on behalf of our current clients.
Our service is mainly a
cash recovery and debt collection service. |
