Munyao-Kayugira & Co., Advocates

Our debt collection process entails the following:

1. Review of the Contractual documents to ascertain whether the parties chose a particular process of dispute resolution- this could be mediation, arbitration or through local courts. We will also ascertain from the documents the applicable law and forum for resolution of any disputes arising;
2. Review correspondences between the debtor and client to ascertain whether debt is admitted and whether any offer has been made for settlement etc which has not been honoured.  This gives us a glimpse of the person/entity we are dealing with.
3. Once this is done, we will send a reminder to the debtor in writing and follow up through phone calls and meetings where necessary. In this reminder we give a period of up-to 14 days within which we expect payment.
4. Should step 3 not bear fruit, we engage investigators that we work with to ascertain the financial position of the debtor, available assets for recovery etc to enable us assess the best legal debt recovery approach to adopt.
5. Depending on the outcome of the investigations, we can propose to the client to threaten insolvency proceedings (where the debt is acknowledged) and the entity is a going concern, go for a civil suit or mediation or arbitration depending on the contractual agreement between the parties.  We also ascertain whether an application for attachment before Judgment is necessary like in a case where a debtor is in the process of disposing of the only remaining assets in a bid to defeat the debt.
6. Once we have the Judgment issued, undertake execution to recover the outstanding debt plus interest and costs.  In this case, the client recovers upto 70% of the Legal fees incurred where costs are awarded.