Our primary focus is on debt collection services, where we represent creditors in pursuing
outstanding debts from individuals, businesses, or organizations. We employ various legal strategies
to facilitate the recovery process, including negotiation, demand letters, and legal action in the
Magistrates Court and the High Court of Namibia.
We provide comprehensive legal consultation services to individuals and businesses seeking guidance
on debt recovery matters. We will analyze each client's unique situation, assess its legal rights,
and offer strategic advice on the most effective course of action to recover debts. We ensure that
our clients are well-informed about their options and understand the potential risks and benefits
associated with each debt collection matter.
In cases where amicable settlement attempts have failed or the debtor has refused to cooperate,
legal proceedings will be initiated on behalf of our clients. We have extensive experience in debt
recovery litigation, with a strong track record of successfully representing clients in court. We
are well-versed in the intricacies of debt recovery laws and possess the skills necessary to
navigate complex legal procedures effectively. If a debtor fails to fulfill this obligations, our
firm is experienced in pursuing enforcement remedies to recover the debt. We explore all available
avenues and legal mechanisms to ensure our clients receive what they are owed.
Recognizing that each debt recovery case is unique, we develop tailored strategies to suit the
specific circumstances of our clients. We take into account factors such as the nature of the debt,
the financial position of the debtor, and any relevant contractual agreements. By employing a
personalised approach, we maximize the likelihood of successful debt recovery.
The debt collection procedure can briefly be summarized as follows:
When will accounts be handed over to legal practitioners?
The creditor usually sends an account indicating the amount still to be paid to the debtor (the
debtor is the person who owes the money). If the debtor fails to pay the debt on or before the date
agreed upon, the creditor may instruct his legal practitioner to undertake collection
proceedings.
Letter of Demand
The first step taken by the legal practitioner is usually to send a letter of demand to the debtor
by registered post and/or per email. The letter of demand will include the following information:
1. the amount of money owed by the debtor to the creditor and the nature of the debt e.g. money lent
and advanced; goods sold and delivered; ect,
2. the legal costs payable by the debtor, and
3. a warning that a summons will be issued without further notice should the debtor fail to pay the
amount demanded on or before a specified date.
Summons
If the debtor does not respond to the letter of demand by paying the debt or making acceptable
arrangements with the creditor or his/her legal practitioner, the legal practitioner will issue a
Summons out of the relevant court.
The Deputy Sheriff/Messenger of the court will serve the summons at the debtor’s home or work’s
place or post it by registered mail to the postal address furnished. If the summons is to be served
at the debtor’s physical address, it need not be given to the debtor personally. If the debtor is
not present at the said address, the summons may be served on any person over the age of sixteen who
appears to be in charge of the premises. If nobody is present at the debtor’s physical address the
summons can be served by attaching it to the front door of the premises. The summons will indicate
how many days (3 or more) the debtor has to enter an appearance to defend the action, to settle the
debt or come to acceptable arrangements with the creditor’s legal practitioner, before judgment can
be applied for against debtor. If the debtor intends to defend the matter, there will be an exchange
of pleadings where after the matter will be set down for trial.
Default Judgement and Warrant of Execution.
If the debtor does not respond to the summons within the time and method stated above, the legal
practitioner may apply to the court for Default Judgement to be entered against the debtor.
Once judgment is granded, a Warrant of Execution may be issued at the request of the creditor’s
legal practitioner.
Attaching debtor’s property
The Warrant of Execution authorises the deputy sheriff / messenger of the court to enter the
debtor’s premises (even if the debtor is not there) and to attach (and remove) the debtor’s movable
property. In High Court matters, if the debtor has no moveable property or the proceeds generated by
the sale in execution of moveable property is not sufficient to cover the outstanding debt, the
debtor’s immovable property (house) may be attached and sold in execution. Immoveable property may
only be sold once an order to that effect is granted by the High Court and then only if there was
property judicial oversight. The debtor’s moveable property can be attached regardless of the where
it is – the property does not necessarily have to be at the debtor’s house or workplace.
Selling the debtor’s property
The property attached is sold by the deputy sheriff/messenger of the court on auction to the highest
bidder, even if such highest bid is much less than the property is worth.
Section 65A hearings
Section 65A hearings are in essence an enquiry that is conducted into the financial position (income
and expenses) of the Debtor at the Magistrate’s Court.
The debtor, under oath, presents oral evidence as to his financial position, which then includes the
submission of bank statements, salary slips, rental agreements, HP agreements and any other proof,
as proof of his/her monthly income and expenses. The submitted information/documents will reveal the
debtor’s residential address, business address, assets, income and expenses.
Once the financial enquiry has been concluded, the court will give a Court Order, as to how the
debtor shall settle the debt. Court Orders may include:
1. Payment of minimum monthly instalments, payable into our trust account. The matter is postponed
for review proceedings, to monitor the debtor’s payments.
2. Emolument Attachment Order, if the debtor is permanently employed;
3. Garnishee Order, if the debtor is working on a contract basis or a fixed term contract and/or
expects a sum of money.
If the debtor is absent from the court proceedings, a Warrant of Arrest is granted. The
debtor is then arrested by the Messenger of Court and brought to court for contempt of court
proceedings. If found guilty, the debtor can be fined or sentenced to periodical imprisonment
Other process of court
The creditor may apply for an Emolument Attachment Order in terms of which money is deducted every
month from the debtor’s salary and paid over to the creditor’s legal practitioner until the debt,
the legal costs and the interest have been paid in full.
The creditor may apply for an Emolument Attachment Order in terms of which money is deducted every
month from the debtor’s salary and paid over to the creditor’s legal practitioner until the debt,
legal costs, and interest have been paid in full.