Ethical debt collecting procedures for the small business
Primary learning outcome
Recover a debt successfully and ethically without the use of an attorney
Secondary learning outcomes
1. Understand and apply the relevant legislation
2. Successfully prepare a clear and concise letter of demand
4. Understand and apply the section 57 procedure
5. Understand and apply the section 58 procedure
6. Understand the summons procedure and successfully sue out a summons in the capacity of Plaintiff
7. Understand what to do in practice depending on the debtor’s response and lack thereof
7. Successfully obtain judgment against a Defendant in your capacity as Plaintiff
8. Understand and apply procedures after Judgment
9. Understand and apply all procedures related or incidental
Introduction
The target audience for this thread is the small and medium business that is not classified as a credit provider under the National Credit Act. The rationale is that this thread should benefit the many businesses who are members of TFSA. The added thought, is that credit providers under the ambit of the NCA, such as banks, already have in-house training programs, access to debt collecting agents and attorneys.
This work is intended for the business who acts in the direct capacity of plaintiff, that is, the business engages in the recovery of debts itself.
This work will not deal with the ‘combined summons,’ as this type of summons is unnecessary for a small business that is not a credit provider under the National Credit Act.
Since this work requires explanations and attachments, it is my intention, to work on this thread, literally over a period of several months as free time permits.
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