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For debt collection · South Africa

Software for debt collection: the interest capped, the notice delivered properly, the ten business days counted.

A collections desk is volume work with a statutory trap at every step. The figure on the letter has to be the figure the law allows, which means interest capped by the in duplum rule as at the date on the letter. A debt under a credit agreement cannot be enforced on an ordinary demand at all. And an emailed section 129 notice is not delivery. AttorneyOS takes the amount from the same code that caps it, sends the letter the debt actually needs, counts the ten business days from delivery through the court-rules calculator, and will not advance a file to litigation until both limbs of section 130 are satisfied.

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What a file looks like in AttorneyOS.

Every step below is a screen in the product today, not a roadmap.

The book

Capture the debtor, the capital, the rate and the date of default. Interest is worked out to today and capped at the capital under the in duplum rule, so the figure you act on is the figure the law allows — and the letter says so when the cap bites.

The letter

The desk picks the letter the debt needs. A credit-agreement debt gets a section 129(1)(a) notice rather than an ordinary demand, and its deadline is ten business days from delivery, counted as business days under National Credit Act 34 of 2005, s 130(1)(a).

Delivery

Email the notice and the file still reads as not delivered, because an email is not delivery under section 129(5). It tells you to deliver by registered post or by hand to the consumer's designated address and to record that date, since the ten business days run from then.

The worklist

Every debt sorted by what may lawfully be done next. Nothing reaches "ready to litigate" until both limbs are satisfied: ten business days since delivery and twenty business days in default, with nothing received, acknowledged, arranged or disputed since.

Money in

Receipt what is recovered straight to trust in the client's name, applied to costs, then interest, then capital. The commission fee note is raised against the file; moving that money out of trust to settle it stays a separate act on the trust page, with its own controls.

The parts of AttorneyOS debt collection use most.

Questions debt collection ask.

Does it work out the interest, or do I?

It works it out to the date on the letter from the capital, the rate and the date of default, and caps it at the capital under the in duplum rule. The cap is stated on the letter when it bites, so a debtor who adds a rate against elapsed months and gets a bigger number can see why the firm's figure is the smaller one.

Does it know the difference between a demand and a section 129 notice?

Yes. A debt under a credit agreement gets a section 129(1)(a) notice; a debt that is not gets an ordinary demand. The deadline on the notice is ten business days from delivery, counted through the court-rules calculator and shown with the rule it comes from.

We email our notices. Is that a problem?

The worklist will not treat the debt as delivered. An email is not delivery under section 129(5); it asks you to deliver by registered post or by hand to the consumer's designated address and to record that date, because the ten business days run from then. The free section 129 calculator on this site works the date out from delivery and default, and anyone may use it.

Does a letter of demand stop prescription?

No, and the software does not imply otherwise. A letter of demand does not interrupt prescription however firmly it is worded; only an acknowledgement by the debtor or service of process does. The days to prescription are shown on the file so the point is not lost.

Which plan includes collections?

Every plan, including Solo Attorney. The collections desk sits on the matters feature, which is in all four packages. The plan decides how many people may sign in, nothing else.

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