About Us

Jonker Attorneys Incorporated is a firm of attorneys with offices based in George, Western Cape, specializing in debt collection. The firm is registered in accordance with the relevant legislation with the Cape Law Society, the Debt Collectors Council and PASA (The Payment Association of South Africa).

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Debt Collection and debt management are crucial to the success of any business and should never be neglected due to cost concerns. Jonker Inc believe in employing debt collection measures that work for our clients and their businesses and will create tailored debt collection procedures designed specifically to suit you and your pocket.

We specialize in debt collection and credit control. Jonker Inc are able to assist with all litigious and non-litigious debt collections and will ensure that there is a strategic, cost-effective collection of debt owing to our clients. Debt collection has become a highly specialized field with requirements in respect of credit and consumer legislation further necessitating expert advice to clients regarding the structuring of debtor documentation as well as impacting on the process of collecting arrear debt.

Our debt recovery ethos is driven by three core outcomes being:

  • Collection and Recovery rates
  • Cost to Collect / Recover ratio
  • Time or age to collect / recover

We offer unique and tailor-made debt collecting structures which will suit each client’s needs, ranging from individuals to corporate entities. Each debtor is assigned with the type of debt to enable the system to calculate the correct interest in accordance with legislation and the repo rate. Various types of debt comprise of incidental debt, property rental debt, micro loans, mortgage bonds, credit facilities, unsecured credit, statutory debt, and claims for damages. Interest is added automatically in accordance with legislation and the type of debt where required, taking the repo rate in consideration. The In Duplum rule is applied in all cases.

Pre-legal procedure

All debtors are first subjected to a soft collection process and if this doesn’t yield the required result a formal litigation process is immediately initiated. We have at our disposal a fully functional call centre with a recording facility which assists with work confirmation and obtaining telephonic debit order instructions to implement Debi check debit orders to ensure regular payments.

During the process, requests will be made for payment arrangements or debit orders. Once an arrangement is made, it is recorded and the system will automatically send out payment reminders immediately before the payment is due, and if the debtor does not pay on time, several further payment reminders will be sent in succession until payment is received. If payment is not received, the system will enforce a cut-off date where the debtor will enter a default stage. Communication will be sent informing the debtor of imminent listing on the national credit bureau, and subsequently default listed if no payment is received.

Should the debt fall under the National Credit Act, a Section 129 and 130 letters will be issued, or a final notice will be sent where the debt does not fall within the ambit and scope of the National Credit Act. The final notice includes advance notification of possible credit bureau default listing.

If contact details are no longer valid, a tracing will automatically be performed. Tracings are performed on the databases of the credit bureau and a trace alert may also be uploaded to the credit bureau if the debtor is not located swiftly. In the event of the debtor having absconded, an approved local tracing agent may be instructed to perform a skip tracing.

Non-responsive debtors are moved to the litigation department where formal legal steps are instituted.

Legal procedure

With the implementation of the National Credit Act our offices established a nationwide correspondent network. This means that we can render an effective legal service in more than 300 magisterial districts.

Should it in our view be necessary, alternatively, on instruction from client, summons will be issued. In the event that Notice of Intention to Defend is served and filed by a Defendant when summons has been served, we will, in consultation with the client, lodge an Application for Summary Judgment in an attempt to expedite the action taken. Once judgment is obtained a warrant will be issued to attach any moveable property of a debtor. The fee and expenses of this approach will be discussed with the client prior to summons.

When it comes to debt collection, everybody is interested in the speed at which the process can be finalized, effectiveness and legal costs. Our methods are cost effective and can be adjusted to meet the unique requirements of each individual client. Our approach spans jurisdictional boundaries.

Distribution of monies received & Costs

We understand the fact that for the client, as a business, it is important to receive outstanding debt as soon as possible.

We collect the agreed instalment from the debtor, of which a certain percentage (as agreed between us and the client) is retained in respect of the recovery of our legal fees. The client will still receive the full capital and interest. No costs are recovered from the capital or the client.

At the end of each month, we provide the client with:

  • A payment report indicating all the client’s files where we have received payments and how we distributed the payments
  • A progress report showing the current status of every file; and
  • Electronic funds transfer into the client’s bank account in accordance with our payment report.

There is no charge should we be unsuccessful with the collection. Our costs are recovered from the debtor against whom we take action, and in accordance with the tariffs as determined by the Legal Practice Council. We always attempt to limit our costs to a minimum to enable the debtor to settle his / her debt as soon as possible.

If a debtor elects to make payment of an once-off installment to settle the full outstanding amount, we include all legal costs and interest with the full settlement amount payable.

Why should you make use of our firm for collections?
  • NO costs or commission payable for you as the client
  • FAIR collection costs for your client who have been handed over
  • FAST AND EFFECTIVE collection
  • TRACING of delinquent debtors
  • ACCURATE monthly and payment reports and pay overs once a month
  • NATIONWIDE collections handled, no matter where your client lives / works
  • PERSONAL attention and contact
  • REPUTATION RISK is considered to follow the best possible avenue for collection of the client’s debt/li>