Why choose Maybery Inc. to recover your debt?
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We're trusted by over 300 corporate clients
Maybery Inc. collects millions of rands in debt every year for our commercial clients.
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Expert Litigation Skills
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Debt collection is a form of litigation. We're not the dingy call centre that does nothing more than incessant calls which are easily blocked by Truecaller - we're the specialists who institute action in court. A debtor can ignore a phone call without consequence, but not a summons.
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Prospective clients should understand that litigation has costs, and should note that we only take on serious cases where the client is willing to take the matter to court. We therefore usually advise clients not to pursue debts less than R50,000, unless the debtor has absolutely no defence. We do not take every case - we will advise you if your case is not worth it.
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How does the debt collection process work?
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First, we send a Letter of Demand by email, post and Whatsapp.
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The debtor has 10 days to pay or make an arrangement.
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We also call the debtor to keep the pressure up.
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If the debtor does not acknowledge or pay the debt,
we proceed with summons.
Frequently Asked Questions
What are the advantages of Commercial Attorneys handling my debt collections?
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Because we’re commercial attorneys – not just debt collectors - we can do more than just telephone calls and letters of demand. Debtors know that when attorneys send them a letter, if they don't comply then summons will follow. We are experienced in the full litigation process, beginning with soft collection, and progressing all the way from summons, to trial, judgment and execution.
Because we deal with companies suing each other every day, we can give you expert advice on the strength of your claim and the likely outcome of collection/litigation. We know that debtors need constant pressure to ensure payment, and we know that some debtors simply can’t be moved by the soft collection process. If a soft collection attempt has not succeeded after 10 days, we are qualified to institute court summons – upon your confirmation - to maintain that pressure on the debtor.
Handing over your collection to us from the beginning saves you time and ensures more effective collection of your debts.
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How long should I wait before instituting the collection process?
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We normally advise clients to wait no longer than three months. In our view, it is completely unacceptable for anyone to make you wait more than 90 days for payment. Anyone who has made you wait that long may be in financial distress, and may have several creditors to whom they owe money. Therefore, it is important that you begin aggressively prosecuting your claim before other creditors do.
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We all like to help people, and we know that sometimes you give a person a break - for example, a struggling tenant - but we have seen hundreds of cases where that generosity is taken for granted. From a legal standpoint, you should always institute a claim sooner rather than later - the longer you wait, the more difficult a successful recovery becomes. Rather have us send a polite but firm letter on our letterhead, reminding your client to pay before the relationship deteriorates.
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Note that debts not prosecuted within three years usually "prescribe" - which means they expire.
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What is Soft Collection, what is Litigation, and what's the difference?
Soft Collection is the first phase of a collection - handing over debtors to your attorneys, review of evidence, telephone calls to the debtor and the proper delivery of a Letter of Demand, compliant with Section 129 of the National Credit Act, by registered post – as required by the Rules of Court.
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Soft collection is not always successful, and clients should be prepared to proceed with Litigation if the merits warrant it. At our first consultation we will help you to determine whether it is worth proceeding with litigation, based on factors like the amount outstanding, the costs of litigation, and a determination about the debtor's ability to actually pay the debt.
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When does my case need to move to Litigation?
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If all our efforts during Soft Collection are unable to motivate the debtor to pay, then you have a Stubborn Debtor or a Broke Debtor. In such a case you must consider instituting Litigation. We will conduct due diligence into the case and advise you on the feasibility of instituting action against your debtor - i.e. whether it's worth it.
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If I start with Soft Collection, do I HAVE TO proceed to Litigation?
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You should only commence with the collection if you are prepared to litigate. In fact, where Litigation is likely to be too expensive relative to the debt, or where it appears that a judgment may be hollow, we sometimes advise clients not to proceed with Litigation.
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​Where can I learn more about Litigation?
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Read more about Litigation here.
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