Requirements before we can start working
Before we start recovery process we want proof that the debt is valid by means of the following:1. Detailed copies of invoices, statements, C.O.D invoices, delivery notes
2. Copies of any agreements, bank statements or any other written acceptance of the agreement between the client and the debtor.
3. We require any contact information regarding the debtor whether old or new.
Does the court action ensure that I get my money
This depends on the status of the Defendant. If the defendant is insolvent or unemployed and has no assets then recovery is doubtful. The same applies to companies that have ceased operations.What does it cost me?
Each party is responsible for their own fees. Collection Agency Kenya offers our clients the benefit of an affordable upfront deposit for legal fees and court costs are refunded provided that successful judgement is passed. The defendant/debtor will now become responsible for such fees.What is a judgement?
After issuing a summons the court bailiff from the Magistrate Court delivers the summons to the Defendant.The Defendant has days to reply and have the following options:
a) To admit that the claim is valid and due
b) To defend the claim in full
c) To acknowledge part of the claim if no response from the Defendant is received we will apply for judgment and when it is passed a judgment is issued.
What then?
The ball is now in our court to request from the court either an order to get a deduction from the salary of the defendant or request the sheriff to remove furniture in order to pay for our claim.Will I need to go to court?
If your have a valid claim against the debtor, it is seldom necessary to attend court as the defendant/debtors prefer to settle the claim before wasting their time in court, especially if they know they will lose. However, sometimes court hearings do take place especially in defended matters where the claim is in dispute. All parties will then have the opportunity to give evidence. COLLECTION AGENCY does not cover legal fees in defended court hearings. Our service is mainly a cash recovery and credit collection service
