"The legal and illegal practice"

In the current difficult economic conditions, the consumer is heavily burdened by debt.  Less people pay their debt, while creditors are at their wits' end.

Lawyers often hear about old Pete who got hold of his money quickly because he got somebody to break John's fingers.  This is a dangerous practice.  A threat of violence against somebody and/or violence against another person may result in criminal complaints being laid, not only against the oppressor, but also against the person who appointed the oppressor to act in a violent way.

It has happened in the past that abovementioned "creditors" turn against the persons who instructed them and start to blackmail the instructor instead.  These persons are known to ask an exorbitant fee, with the result that the game is not worth the candle.

One should also guard against handing over claims to debt collectors, seeing that they are not allowed to claim legal fees in a lot of instances - resulting in the client having to cough up the fee.  This process won't necessarily be finalised any quicker than when a lawyer would have handled it.  These persons seldom have the necessary legal knowledge to impart to their clients.

If a lawyer is instructed to collect debt, the process of debt collecting is discussed and a fee structure is agreed upon.  Keep in mind that debt collecting is a service lawyers may charge a fee for.  Most lawyers will effect an agreement in regards to the amount payable and when said payment will be due.  Debt collecting does incur expenses.  The lesson for debtors is that settling their debt on time can save a lot of money.  Legal fees will be charged against the debtors account as far as possible.

Lawyers are abreast of the essential legal processes and can explain the different available options on how to collect debt to the client.  For example, if it is necessary to probe into the debtors finances and/or if it will be more effective to issue a warrant for execution.

The golden rule is not to have too much time lapse before starting the debt collecting process.  Debt collectors are advised to gain as much information possible about the debtor, seeing that this will speed up the process.