Debt Recovery

Note: The following is not offered as legal advice and should not be considered as an alternative to legal counsel.

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The debt recovery process is a subset of civil litigation and generally comprises three phases.

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The first is the profiling of your debtor, such as whether the debtor is an individual or business entity; the amount to be claimed; and the liquidity and cash flow of the debtor which will be relevant to post Judgment enforcement action.

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The next phase is obtaining Judgment against the Debtor or engaging in a sustainable settlement process.

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The final phase is enforcement proceedings which arises if the debtor defaults on payment. The usual enforcement mechanisms are Writ of Seizure and Sale; Garnishnee proceedings (such as freezing of bank accounts of the debtor to pay the Judgment sums); and/or bankruptcy or winding up actions against the debtor.