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Practice area 08

Debt recovery and contract attorneys in Pinetown

We help creditors and contracting parties pursue unpaid accounts, breached agreements and enforceable obligations.

Discuss your matter Call 087 265 2906

How we approach the matter

Advice grounded in the facts, documents and remedy required.

Successful recovery begins before summons. The firm first considers whether the obligation is enforceable, what evidence proves the debt, whether a demand or notice is required, whether prescription is a concern and whether the debtor appears able to satisfy a judgment.

Where proceedings are justified, Mhlaba & Associates can manage the process from demand and summons through judgment, taxation and execution. We also advise on disputed debts and properly documented payment arrangements.

How Mhlaba & Associates can assist

  • Pre-litigation demands and contractual notices
  • Defended and undefended recovery proceedings
  • Claims for payment, performance, cancellation or damages
  • Settlement and payment negotiations
  • Judgment enforcement, taxation and execution

Prepare for consultation

Documents and information to bring.

Do not postpone obtaining advice merely because a document is missing. Bring what you have; the firm can identify any further records required.

  1. 01

    Agreement, quotation, purchase order or applicable terms

  2. 02

    Invoices, statements, delivery records and proof of performance

  3. 03

    Acknowledgements and payment communications

  4. 04

    The debtor’s correct identity and known asset information

General guidance

Questions clients often ask.

These answers are a starting point only. The legal position and procedure depend on the facts of each matter.

01Is a signed contract always required?

Not always. An obligation may sometimes be proved through other documents and conduct, but the absence of a signed agreement can materially affect the evidence and remedies.

Discuss your circumstances
02Can costs and interest be recovered?

That depends on the agreement, the claim, applicable law and the court’s order. Recoverable costs may differ from the actual attorney-and-client expense.

Discuss your circumstances
03What if the debtor offers a payment plan?

A payment plan may be sensible if properly documented. The amount, duration, security, consequences of default and effect on existing rights should be considered.

Discuss your circumstances

Related services

Other areas that may be relevant.

04Commercial & private disputes03Civil litigation09High Court applications & motion proceedings

Take the next step

Speak to an attorney about your facts and documents.

Send a brief enquiry or call the Pinetown office to arrange an appropriate consultation.

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