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.