Setting the standard.

Practical Guidance Recoveries and Debt Collection addresses issues pertinent to attorneys, agents of attorneys and registered debt collectors in the business of debt collection and recoveries. Providing a practical approach to this often complicated and lengthy process of collection on behalf of a credit provider of outstanding amounts plus lawful interest, administration costs and collection fees.

With more than 10 million South Africans over-indebted and struggling to repay their monthly bills it is important to fully understand the processes and procedures surrounding debt collection and recoveries. Practical Guidance Recoveries and Debt Collection describes the duties and obligations of the various role-players and explains the procedures used to recover a debt.

As these matters are encountered by a significant number of attorneys, legal advisors and persons involved with debt recovery, it essential that practitioners are fully conversant with new laws and best practice.

Practical Guidance Recoveries and Debt Collection provides users with guidance on the preliminary steps when faced with a collection matter right up until the finalisation of the matter. Additional guidance is provided on how to obtain relief for the recovery of a debt in the least expensive manner possible; issue a warrant of execution; attach property belonging to the debtor; and institute recovery proceedings in both the Magistrates’ and High Courts of South Africa.

Expert Contributors
Sean Barrett

Sean graduated from the University of KwaZulu-Natal, Pietermaritzburg with an LL.B. in 2009. After joining Woodhead Bigby Inc in 2013 as an associate he was appointed director in 2015.

Sean has rights of appearance in the High Court and practises in the commercial litigation department. He specializes in High Court litigation with a particular emphasis on Banking and Credit Law, and Bank-related recoveries of both secured and unsecured debt.

Recoveries and Debt Collection. Table of contents.
  • Introduction to the National Credit Act
  • Credit agreements
  • Agreements governed by the NCA
  • Over indebtedness and reckless credit
  • Termination of a credit agreement
  • Steps before taking legal action
  • Important concepts
  • The summons
  • Commonly used particulars of claim

  • Natural persons
  • Juristic persons
  • Deceased debtors
  • Insolvent debtors

  • Determining jurisdiction

  • Essential requirements
  • When will default judgment be granted
  • Effect of a judgment being granted
  • Reviving a judgment

  • Warrant of execution
  • Attaching movable property
  • Sale of the movable property
  • Declaring immovable property executable
  • Garnishee orders
  • Administration orders
  • Emolument attachment orders

  • The section 65 letter
  • Transferring a matter to another court
  • Application in terms of section 65

  • Application for rescission of judgment

  • Costs to consider
  • Interest
  • Statements of account

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