There are four debt collection processes in South Africa:
1) Promise to Pay or Electronic Payment Instructions (PTP / EPI)
Arrangements are made to validate debtors’ accounts and create future transactions to be taken at a time suitable to both parties.
A debtor can sign a Section 57 Acknowledgment of Debt, where a court judgement is obtained only in the event of missed payments that have been agreed to. Alternatively the debtor can sign a Section 58 Consent in which case a court judgement against the debtor is obtained immediately.
3) Emoluments attachment order (EAO)
In the case of an EAO, the employer (referred to as the ‘garnishee-employer’) is obligated by law to deduct monthly instalments from the salary of the debtor/employee against whom the EAO has been issued.
4) Seizure / execution of a judgement debt
The court authorises a warrant of seizure of and execution against the debtor’s movable or immovable property, or both his/her movable and immovable property.
The OneLaw platform services include judgements, EAO debt collection methods as well as a specialised soft collection method. Cambist is a product of OneLaw.
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