+27 10 025 0435 tim@nourseattorneys.co.za

Debt Collection

Debt collection is the practice of seeking payment from individuals who owe money to a creditor. Nourse Attorneys Collections Division is a registered debt collection company and our goal is to recover funds for our clients, which can be a lengthy process and has become a field that requires specialised attention.

Our Services

We have built relationships and resolved debt for businesses in the insurance, finance and FMCG industries, and have a proven track record.

To reach success, it’s essential to consistently follow up with debtors. By doing this, we place great responsibility and pressure on the debtor to recognise and settle their debts sooner rather than later for the benefit of both our client and the debtor.

The debt collection process is divided into two basic phases:

The Standard (soft) Collection Field

The Legal Debt Collection Field

All accounts start with the standard Collections Field, and we take every effort to recover payment by the end of this phase. If the debt isn’t settled, it is then transferred to the Legal Debt Collection Field, where we will proceed to serve a summons and obtain a judgment.

Standard Collection Phase:

Once the debt is registered on our database, we employ an intensive strategy that includes a variety of actions, which range from basic communication to more complex measures.

This strategy includes, but is not limited to:

  1. Letters of demand.
    2. Daily telephone calls, SMS messages, WhatsApp messages and emails.
    3. Personal visits, enquiries, interviews, and any other manner to ensure personal contact.
    4. Registering the debtor as a bad payer on all relevant platforms, i.e., TransUnion.

TransUnion is a registered credit bureau and a repository of credit information for both consumers and businesses. Put plainly, they keep records of people’s payment behaviours, provided by credit/service providers and courts, whether it be timely payments in regular instalments or otherwise.

Being reported on platforms such as this can lead to a bad credit record. Examples of the negative account information that will appear on this credit report are:

  • Foreclosure
  • Bankruptcy
  • Repossession
  • Charge Offs
  • Settled Accounts

This negative account information can detrimentally impact an individual’s credit for up to 10 years, especially if they withhold payments or are frequently late to pay their accounts.

The use of the abovementioned credit bureau platforms by all banks and other large credit providers is increasing each day.

During the Standard Collection phase, we will trace the debtor. Their current location will then be identified and updated accordingly.

We will work closely with the debtor to create a payment plan and evaluate their financial standing before determining instalments. If no payment terms can be reached, Legal Collection will then commence.

Debt Recovery Categories:

Debt recovery can be divided into three main categories:

    Small Business Debt Collection

    Consumer Debt Collection

    Commercial Debt Recovery

    Each type of debt collection requires different methods and strategies to recover the debts.

    • Bad cheques and overdrafts
    • Commercial loans
    • Commercial judgements
    • Retail and department store accounts
    • Credit card accounts
    • Overpayment refunds
    • Unpaid invoices
    • Private loans made to individuals
    • Rented property debts

    Legal Debt Collection

    Legal debt collection involves the process of collecting an overdue debt through legal procedures. It requires a referral from the soft collection side dealt with by Nourse Attorneys Collections Division (Pty) Ltd to Nourse Inc Attorneys, to take appropriate steps to recover any money owed to our clients (the creditor), in accordance with applicable laws and regulations. 

    This is the second phase in the recovery process.

    In some cases, legal action is required to encourage debtors to pay. Debtors have various reactions to legal proceedings. Some choose to take advantage of the convenience of making monthly payments through the Emoluments Attachment Orders (Garnishee Orders). Other debtors recognise that it is necessary to find the money to settle their debt. This way, they can avoid legal fees and penalties that would undoubtedly accrue, if they continued to postpone repayment of the capital debt amount.

    We take legal action against debtors who have the means to make payment, yet are unwilling to do so.

    Our experienced professionals at Nourse Attorneys offer the following services:

     

    • Drafting letters of demand.
    • Drafting of Section 345 letters.
    • Contacting debtors telephonically and via SMS with repetitive follow ups and reminders to pay.
    • Drafting Acknowledgement of Debt letters.
    • Tracing (via Credit Bureaus).
    • Drafting and Issue of Summons.
    • Applying for Default Judgments.
    • Applying for Summary Judgments.
    • Litigation in Defended Actions leading to trial.
    • Preparation of Warrant of Executions.
    • Ensuring that assets and property are correctly executed against.
    • Assisting debtors who have fully paid up their debts to clear their name with Credit Bureaus and Courts.

    Tracing and Investigation

    When it comes to debt collection, tracing is essential to our success.

    Our research services and databases enable us to track down the collateral property, people, and data necessary for debt recovery. We utilise qualified Investigators, Field Representatives, and Tracing Agents in cooperation to serve our clients. The input information is vetted internally prior to deploying our Investigators for more precise and successful outcomes.

    We provide special, reduced rates based on contingency for Insurance Companies and any other referrers. You too can benefit from this reduced rate, by working with us. Get in touch today.

    Your preferred partner in law

    Our highly skilled team is looking forward to assisting you with your legal matters.