The collection of debt: how do I get my money back from my borrowers?

Debt Collection can be a very tiresome, time-consuming and infuriating procedure for most businesses, people and organisations. At Duvenage Attorneys we strive to collect debt as swiftly and cost-effective as possible.


We recover debt by using various mechanisms depending on each matters specific circumstances. Before proceeding we first investigate whether the debtor can pay or not, we look at assets etc. and only in the event found to be true we ensure the best possible payment arrangement. The procedure we follow at our law firm in Richards Bay with regards to Debt collection are as follows:

  1. Contact Debtor                                                                                  Once we have received instructions from our client a Lawyer/collection secretary will then proceed to contact the debtor to alert them that they have been handed over to attorneys for debt collection. If the debtor advises us that they are not able to pay their debt we request that they sign a consent to judgement including a payment arrangement which we send back to our client in order to assure him/her that should the debtor not make payment as promised we will proceed with legal action.


  1. Letter of Demand

A letter of demand gets sent out should the debtor fail to make payment as promised in the consent to judgement. The letter will stipulate the amount that is being claimed and how it was calculated. This provides the debtor with an additional chance to resolve the matter in an amicable manner.


  1. Summons

Should the debtor continue to fail making payment we have no choice but to serve summons against them. After the sheriff has served the summons on the debtor we wait 10 days for a response however should they fail to respond with a notice of intention to defend we proceed with an application for default judgement, Section 65 procedure or a warrant of execution.


At Duvenage attorneys we assist individuals/companies/organisations with the collection of debt. We understand that time is money and we take over this extremely time consuming task in order for you to focus on your business while our team of experts take care of this process.