';

Image module

About Us

Boshoff Smith Attorneys is a multi-city law firm with offices in Pretoria and Johannesburg. We specialise in family law, deceased estates, commercial law and contracts.

Contact Us

  • info@boshoffsmith.co.za
  • +27 (0)12 003 3300
  • Office 35, Regus Business Centre, Southdowns Ridge Office Park, John Vorster
    Drive, Irene, 0062m

LEGAL PRACTICE AREA

Debt Collections

Home / Practice areas / Debt Collections

How can we help you?

Something happened? You are in a difficult situation? Contact us immediately!

Debt Collections

Unpaid debt and the rate of debt not being paid has an effect on our economy and influences our interest rates. Debt collection is governed by the National Credit Act 34 of 2005, the Consumer Protection Act 68 of 2008 and the Magistrate’s Court Act 32 of 1944. It is the process where a creditor requires the collection of money due and owing to him/her/it from the debtor, be it an individual or an organisation. Although not all the Acts may apply to all collections, it must be considered. The Prescription Act 68 of 1969 also applies to debt collection and it is therefore important for a creditor to appoint a debt collector to ensure timeous collection and payment.

Are you struggling to collect unpaid debts? At Boshoff Smith Attorneys, we specialize in debt collection services designed to help businesses and individuals recover what they are owed efficiently and professionally.

Whether you’re dealing with overdue invoices, delinquent accounts, or unpaid loans, our experienced legal team will ensure that your financial interests are protected.

We understand the stress and complications caused by unpaid debts and are here to guide you through every step of the collection process, minimizing your risks and maximizing your recovery.

Frequently asked questions

Some judgment debts prescribe/expire after a period of five years or when the debt is paid in full. You can apply to the Court where the judgment has been granted to have the judgment rescinded, when you have paid the debt in full, alternatively if you are of the opinion that the judgment was granted without merits.

In terms of Section 14 of the Prescription Act, prescription will be interrupted when a debtor acknowledges that the money is due to the creditor. This acknowledgement can be either an express or tacit acknowledgement. Further, prescription is only stayed on successful service of a summons and not on the issuing of a summons.

This depends on the agreement reached between the debt collector and the creditor. However, it is common that a 10% collection commission is charged on every amount collected, alternatively that only legal fees for the collection is charged, or both.

The creditor will be responsible for the upfront legal fees. Should the Court grant a Cost Order against the debtor, the debtor will be liable to pay the taxed bill of costs, which costs is repayable to the creditor.

Once a debtor neglects and/or refuses to make a payment towards his/her/its monthly instalments, the debtor will be deemed to be in default. Should a debtor fail and/or neglect to settle his/her/its outstanding payment for a period exceeding 20 business days from the payment date, the creditor must send a letter of demand and afford the debtor the opportunity to make payment towards the arrear balance.

GET IN TOUCH

Contact Us