::Debt and Loan Recovery Law and Procedure

Legal Advice

Legal action is best to keep it as a last resort:

First you should explore all other options such as mediation or arbitration. If usual ways of recovering debt have failed, there are things to consider before initiating the legal process.

The final warning letter and legal notice:

You must send a final letter in form of legal notice before you take legal action. Do this because it often prompts payment or the courts may penalise you on costs if one is not sent.

Choosing the right legal action and Forum:

You must chose the correct form of legal action.

The amount of your claim will determine which court may handle it – the civil court or the High Court.

After winning case:

If you win the case, the debtor is required to pay the sum claimed. If he does not pay, you will take a further legal step to enforce the judgment by filing the execution petition . The non-paying debtor may be arrested or his properties may be attached and auctioned for satisfying the decree.