Debt Collection

RFH Inc does not phone debtors. We use the courts — obtaining judgment, enforcing it, and listing defaulters — so that the law does the work for you.

Legal Debt Enforcement — Not a Call Centre

RFH Inc approaches debt collection the way an attorney should: through the courts. We do not repeatedly phone debtors or send automated payment reminders. Instead, we use South Africa's legal framework to obtain judgment against your debtor and enforce that judgment — a process that carries far more weight than any phone call ever could.

Proof comes first. Before any legal step is taken, the debt must be capable of being proved. That means we need documentary evidence — a signed agreement, an invoice or statement of account, an acknowledgment of debt, a purchase order, or any other record that establishes what was owed, by whom, and when it became due. Without that foundation, there is no case. With it, the process is straightforward.

Once we have judgment, the creditor holds a powerful instrument. A South African court judgment remains enforceable for 30 years — far outlasting any contractual remedy. Judgment debt also attracts interest at the prescribed rate, which continues to accrue from the date of judgment. This is separate from any contractual interest rate, and it applies automatically by operation of law regardless of what the original agreement said.

We also make use of default listings on the consumer credit bureaus. When a debtor is listed, it affects their ability to obtain credit. In many cases, debtors who have ignored every other approach will contact us to settle when they are applying for a bond, a vehicle, or business finance. The listing creates a meaningful incentive to pay.

  • Assessment of evidence and enforceability before proceedings
  • Demand letters and letter of final demand
  • Summons, default judgment, and defended matters
  • Warrants of execution against movable and immovable property
  • Emoluments attachment orders against salaries
  • Garnishee orders against third parties
  • Default listings on credit bureaus
Book Your Consultation — R750

What You Need to Know

Legal debt enforcement is a process, not a phone call. Here is what distinguishes RFH Inc's approach — and what gives your claim real teeth.

  • Proof is essentialA signed agreement, invoice, or acknowledgment of debt is required to proceed
  • Judgments last 30 yearsFar longer than a contractual right to sue
  • Interest runs on judgment debtAt the prescribed rate, regardless of what the agreement says
  • Default listings workDebtors who want credit are motivated to settle
  • Ordinary debts prescribe after 3 yearsAct before the clock runs out
  • Costs are recoverableWe pursue cost orders against the debtor wherever possible

How We Recover Your Debt

1

Prove the Debt

We start by reviewing your documentation — the agreement, invoice, statement of account, or acknowledgment of debt. The debt must be capable of proof before any legal step is taken. We assess the evidence, check prescription, and advise on the strength of your claim.

2

Demand & Summons

We issue a formal letter of demand. If the debtor does not respond or refuses to pay, we issue summons through the appropriate court. Many debtors settle at this stage once they realise legal proceedings have commenced.

3

Obtain Judgment

Where the debtor does not defend the matter, we apply for default judgment. Defended matters proceed to trial. Judgment gives you an enforceable court order that lasts 30 years and attracts interest at the prescribed rate from the date it is granted.

4

Enforce & List

We enforce the judgment through warrants of execution, emoluments attachment orders against salaries, or garnishee orders. We also place default listings on the credit bureaus — a highly effective tool that brings debtors to the table when they need credit.

Managing a Debt Book?

Medical practices, nursery schools, independent schools, gyms, body corporates, veterinary practices, and any service business billing clients on account share a common challenge: a growing book of unpaid accounts and no cost-effective way to enforce them. RFH Inc offers a structured solution — built around two simple phases.

Phase 1 — Protect

Get the Agreements Right

Before any debt can be collected, it must be provable. Many organisations lose debts not because the money was not owed, but because their intake forms, credit applications, or service agreements were too vague — or non-existent — to support legal action.

We draft tailored agreements for your business — credit application forms, terms of service, intake contracts — that clearly establish the debt, identify the debtor, include a consent to jurisdiction and cost clause, and ensure compliance with applicable legislation such as the National Credit Act and Consumer Protection Act.

Critically, where a client falls into arrears, we draft an Acknowledgment of Debt (AOD) that includes a consent to judgment clause under Section 58 of the Magistrates' Courts Act. This means that if the debtor signs the AOD and then defaults on it, you can proceed directly to court judgment without issuing summons or waiting through a full litigation process. One default, one court filing, one judgment — obtained far faster and at a fraction of the cost of ordinary litigation.

Done once, these agreements become the foundation that makes every future collection step effective. Without them, you are building on sand.

Phase 2 — Collect

Disbursements Only — No Attorney Fees

Once your agreements are in order, RFH Inc handles ongoing collection of your unpaid accounts on a disbursements-only basis. You pay for the actual out-of-pocket costs incurred — not attorney fees for the collection work itself.

The two primary collection steps at this level are:

  • Registered demand by emailA formal letter of demand sent via registered electronic service — legally compliant, timestamped, and trackable. Significantly cheaper than registered post.
  • Default listing on the credit bureausWhen a debtor wants a home loan, vehicle finance, or any credit facility, the listing stops them. In most cases, they contact us to settle. The listing does the work — you do not have to chase.

Where a debtor still does not pay, we can escalate to summons and judgment — and the proper agreement you already have in place means those steps will succeed.

This service is well-suited to

Medical & dental practices Nursery schools & day-care centres Independent schools & colleges Veterinary practices Physiotherapy & allied health Gyms & fitness studios Body corporates & HOAs Any service business billing on account

Frequently Asked Questions

Yes — this is something we specifically cater for. We work with medical practices, nursery schools, independent schools, and similar service businesses that carry ongoing debt books. The process starts with getting your agreements in order: we draft tailored credit applications, terms of service, or intake agreements that ensure every debt is properly documented, legally compliant, and enforceable. Once that foundation is in place, we handle collection on a disbursements-only basis — meaning you pay only for the out-of-pocket costs (registered demand letters and default listings), not attorney fees for the collection work itself. Default listings in particular are highly effective: when a debtor applies for credit and is declined because of your listing, they contact us to settle. Contact us to discuss a collection arrangement for your business.

An Acknowledgment of Debt (AOD) is a written document signed by the debtor confirming exactly what is owed, to whom, and on what terms it will be repaid. It is the strongest single piece of evidence a creditor can hold — but a properly drafted AOD does considerably more than simply record the debt.

Section 58 of the Magistrates' Courts Act 32 of 1944 allows a person to consent, in writing, to judgment being entered against them in the magistrates' court. When an AOD includes a Section 58 consent to judgment clause, the practical effect is powerful: if the debtor defaults on the AOD, you do not need to issue summons, wait out a 15-day plea period, or run a full trial. You file the signed AOD with the court and apply for judgment on the strength of the written consent alone. The court grants judgment without any opposed process or hearing — because the debtor already agreed to it when they signed.

This transforms a signed AOD into something very close to a judgment already in your pocket. One missed payment, one court filing — and you hold an enforceable order that lasts 30 years and attracts prescribed interest from the date of granting.

A Section 58 AOD also interrupts prescription from the date it is signed, resetting the 3-year clock and protecting your claim if collection has been delayed.

For businesses managing ongoing debt books — medical practices, nursery schools, service providers — getting a client to sign a properly drafted AOD at the point a debt falls overdue, or when restructuring outstanding amounts into a payment plan, is one of the most cost-effective steps available. RFH Inc drafts AODs with Section 58 clauses as part of our agreement and collections service. Contact us to discuss.

The debt must be capable of proof. That means you need documentary evidence establishing what was owed, by whom, and when it became due. The strongest evidence is a signed Acknowledgment of Debt (AOD) — particularly one drafted with a Section 58 consent to judgment clause, which allows you to proceed directly to judgment on default without summons. Invoices, statements of account, signed agreements, purchase orders, delivery notes, or email correspondence confirming the terms will also support your claim. The more clearly the debt is documented, the faster and cheaper the process. If your documentation is incomplete, we can advise on whether proceedings are still viable and how to strengthen your position.

A court judgment in South Africa is enforceable for 30 years from the date it is granted. This makes it a far more durable remedy than a contractual right to sue, which may prescribe in as little as 3 years. Importantly, judgment debt carries interest at the prescribed legal rate from the date of judgment — and this is not dependent on what your original agreement said. Even if your agreement was silent on interest, or provided for a lower rate, the prescribed rate applies automatically once judgment is obtained. This makes pursuing judgment financially worthwhile even for debts that have been outstanding for some time.

A default listing is a record placed on a credit bureau noting that the debtor has an outstanding judgment or unpaid debt. When a listed debtor applies for credit — a home loan, vehicle finance, a credit card, or a business facility — the listing is flagged and often prevents approval. This gives debtors a very practical reason to settle. In many cases, debtors who have ignored demand letters and court proceedings will contact us directly to negotiate settlement once a listing affects their access to credit. It is one of the most effective enforcement tools available.

Legal proceedings do involve costs — court fees, process server fees, and attorney fees. We are transparent about these from the outset. Where possible, we include costs in the judgment and pursue a cost order against the debtor, meaning the debtor is ordered to pay your legal costs as part of the judgment. This does not guarantee full recovery of every expense, but it does mean that the costs of enforcement are not always borne by you alone. Our objective is always to protect your interests while recovering as much of the debt — including costs — as the process allows.

Ordinary debts prescribe (become unenforceable) after 3 years from when the debt became due. The prescription period is interrupted if the debtor acknowledges the debt in writing, or if you serve summons. This is critical — once a debt has prescribed, it cannot be recovered through legal proceedings regardless of how clear the evidence is. If you are unsure whether a debt may be approaching prescription, contact us as soon as possible. Acting promptly preserves your claim.

Yes — but only once you hold a court judgment. A judgment opens several enforcement routes: a warrant of execution against the debtor's movable property (furniture, vehicles, equipment); attachment of immovable property (land or buildings); an emoluments attachment order against the debtor's salary (limited to 25% of net salary, served on the employer); or a garnishee order against a third party who owes money to the debtor. We assess which route is most effective based on what assets and income the debtor has.

Owed Money? Let the Courts Do the Work.

Bring your documentation and let us assess your claim. RFH Inc will tell you honestly what your options are and what the process looks like — before you commit to anything.