STBB’s litigation specialists are often faced with a crucial question from clients: How does one proceed when owed money by a debtor who has subsequently disappeared?
If the debtor has specified a physical address where they’ll accept service of legal documents or we are in possession of their email address, we’ll send them a letter of demand. In this letter, we’ll record the debtor’s failure to make payment and request that they settle the debt within a specific period of time. If they fail to comply, we’ll issue summons against them.
Where the debtor defends the summons, the case may then proceed to trial during which evidence is heard before a magistrate or judge. If, however, the debtor’s defence is merely a delay tactic, it is possible to apply for summary judgment.
Alternatively, if the debtor chooses not to defend the summons, we may apply for default judgment against them. Crucially, this mechanism is available to a creditor if the debtor does not defend the summons within 10 days of receipt of summons.
Once judgment is obtained, a warrant of execution is issued. This empowers the sheriff to attach the debtor’s assets and sell them in execution of debt.
Sometimes, the debtor’s physical address or email is unknown. In this instance, we’ll instruct a trusted tracing agent to assist us with obtaining their details.
Let our experienced team of litigators assist you with navigating your debt collection processes. Contact us at litigation@stbb.co.za.
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