Getting paid what you are owed
Unpaid accounts strangle a business's cash flow, and chasing them yourself costs time you do not have. A structured legal collection process often gets results where months of phone calls and emails have failed, because a letter from an attorney changes the conversation.
VDW Attorneys recovers debt for businesses and individuals across the Vaal Triangle, following a lawful, methodical process from demand through judgment to enforcement, including Section 65A financial enquiries.
How we can help
- Letters of demand. A formal demand that signals you are serious, and is the required first step in many matters.
- Summons and judgment. Issuing summons and obtaining judgment where the debtor does not pay or respond.
- Section 65A proceedings. Financial enquiries in the Magistrates Court to enforce judgments against debtors who can pay but do not.
- Enforcement. Execution and attachment steps, applied lawfully and where they make commercial sense.
- Payment arrangements. Negotiated settlements and payment plans that actually get honoured.
- Defended matters. Representation where a claim is disputed and the matter becomes litigation.
What to expect
- Hand over the account. Bring the invoices, statements and any contract or credit application. We assess the debt, the debtor and the prospects of recovery honestly, including whether it is economical to pursue.
- Demand, then escalate. Most matters start with a letter of demand. If that does not produce payment, we advise on summons, judgment and enforcement, step by step, with costs explained at each stage.
- Recovery and reporting. We push the matter through to payment or a realistic arrangement, and you are kept informed of progress throughout.
Frequently asked questions
What does the debt collection process look like?
Typically: a letter of demand, then summons if there is no payment, then judgment, then enforcement steps such as a Section 65A financial enquiry or attachment. Many debtors pay at the demand stage once an attorney is involved. We advise at each step whether the next one is worth taking.
What is a Section 65A enquiry?
It is a Magistrates Court procedure used after judgment, where the debtor is called to court to disclose their financial position. The court can then order repayment in instalments the debtor can actually afford. It is one of the most effective tools against debtors who can pay but simply do not.
Is it worth handing over a small debt?
Sometimes, honestly, no. Legal costs must make sense against the size of the debt and the debtor's ability to pay. We will tell you upfront if a debt is not economical to pursue, and what your alternatives are, rather than running up costs on a hopeless recovery.
Can old debts still be collected?
Most ordinary debts prescribe, which means they become unenforceable, after three years without acknowledgement or payment. Some debts have longer periods. If your debt is getting old, act sooner rather than later, because prescription can extinguish a perfectly good claim.
The information on this page is general in nature and is not legal advice. Every matter is different. Speak to an attorney about your specific circumstances.