Welcome to Broodryk Attorneys

Broodryk Attorneys is a trusted and established law firm based in Cape Town. As specialists in national debt recovery and litigation, we service small to medium businesses as well as larger corporations across the country. We understand the need to manage cash flow, and we are committed to mitigating the strain that bad debtors may be placing on your business.

Founder Ingrid Broodryk has extensive experience in debt collection, recovery and litigation. Supported by a team of highly trained paralegals, she delivers pragmatic legal advice and deals with all legal matters in an expedient and professional manner. No matter how big or small the debt, every case is handled with the utmost professionalism and discretion, and placed in the experienced hands of a dedicated team member. Should the debt become litigious, one of our specialists will take action, thereby ensuring a seamless and painless transition.

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Debt Collection

Debt collection is defined as the steps your attorney takes to collect money on your behalf from someone who is indebted to you and refuses to pay. If all your efforts to collect the money have been fruitless, it is advisable to contact your attorney and take action as soon as possible – the older the debt, the more difficult it is to recover.

At Broodryk Attorneys we strive to collect debt without resorting to legal processes. On handover of a debtor, we send off a same-day letter (preferably via email) to the debtor, demanding payment within no more than 4 days. The letter invariably leads to settlement or a payment arrangement.

Taking legal action against a debtor is the second phase in the recovery process. This involves the issuing of a summons, to be followed by a judgment against the debtor – unless they dispute liability and defend the action. Once judgment is obtained, steps are taken against the debtor to recover the debt, which includes executing against attachable movable property.

Litigation

Broodryk Attorneys are experts in litigation – a process that ensues if a debtor disputes liability and defends the summons. When we reach this stage of the debt collection process, our client can make the decision to either enforce the claim through the courts or throw in the towel. It’s important to note that litigation is an expensive process, and should therefore only be pursued after careful consideration and discussion with your attorney. Our attorneys are ready to assist you with your litigation requirements – contact us today.

Rental Collections

Residential letting and lease agreements are governed by the provisions of the Consumer Protection Act 68 of 2008 (“CPA”) and the Rental Housing Act. It is important that existing lease agreements are reviewed on a regular basis to ensure compliance with the relevant legislation. Should you require any existing lease agreements, whether residential or commercial, to be drawn up in compliance with all the pieces of legislation and common law, contact Broodryk Attorneys for assistance.

Sectional Title Levy Collections

As a management agent or trustee, it is import to remember that, prior to handing over arrear levy accounts, a final notice as provided for in terms of rule 25(2) of the Sectional Title Levies Scheme Management Act, 8 of 2011 has to be sent to the member, drawing attention to the following:

  1. The member has an obligation to pay the overdue contributions and charges and any applicable interest immediately;
  2. The interest that is payable in respect of the overdue contributions and charges at the date of the final notice; and
  3. The amount of interest that will accrue daily until payment of the overdue contributions and charges.
  4. That the body corporate intends to take action to recover the amount due if the overdue contributions, charges and interest owing are not paid within 14 days after the date the final notice is given; and
  5. That the member will be held liable for legal costs incurred by the body corporate in recovering such arrears.

Without this notice the member might be able to defend the action in court. This notice can also be sent to the members by the attorney mandated to recover the arrear levies.

Contact Broodryk Attorneys to assist you in drafting the required notice or any other notices provided for in terms of the Act to collect outstanding levies from defaulting owners.

Evictions

The processes and procedures relating to residential evictions are governed in terms of The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, No 19 of 1998 (“PIE”). Even in the most extreme situations, it’s important to realise that no person can be evicted from a residential property without a court order that authorises the eviction. Acquiring the order is a time-consuming process that can take up to three months, or longer if opposed by the occupier – contact us to assist you.

Insolvencies

Insolvency is when an organisation, or individual, can no longer meet its financial obligations with its lender(s) as debts become due. Poor cash management, a reduction in cash inflow forecasts or an increase in expenses are just some of the factors that could lead to insolvency. Before a company, or person, gets involved in insolvency proceedings, it will most likely make informal payment arrangements with creditors. Should you find yourself in a position where you can no longer pay your lenders, contact Broodryk Attorneys for advice and support.

Our Services

DEBT COLLECTION

Debt collection is defined as the steps your attorney takes to collect money on your behalf from someone who is indebted to you and refuses to pay. If all your efforts to collect the money have been fruitless, it is advisable to contact your attorney and take action as soon as possible – the older the debt, the more difficult it is to recover.

At Broodryk Attorneys we strive to collect debt without resorting to legal processes. On handover of a debtor, we send off a same-day letter (preferably via email) to the debtor, demanding payment within no more than 4 days. The letter invariably leads to settlement or a payment arrangement.

Taking legal action against a debtor is the second phase in the recovery process. This involves the issuing of a summons, to be followed by a judgment against the debtor – unless they dispute liability and defend the action. Once judgment is obtained, steps are taken against the debtor to recover the debt, which includes executing against attachable movable property.

LITIGATION

Broodryk Attorneys are experts in litigation – a process that ensues if a debtor disputes liability and defends the summons. When we reach this stage of the debt collection process, our client can make the decision to either enforce the claim through the courts or throw in the towel. It’s important to note that litigation is an expensive process, and should therefore only be pursued after careful consideration and discussion with your attorney. Our attorneys are ready to assist you with your litigation requirements – contact us today.

RENTAL COLLECTIONS

Residential letting and lease agreements are governed by the provisions of the Consumer Protection Act 68 of 2008 (“CPA”) and the Rental Housing Act. It is important that existing lease agreements are reviewed on a regular basis to ensure compliance with the relevant legislation. Should you require any existing lease agreements, whether residential or commercial, to be drawn up in compliance with all the pieces of legislation and common law, contact Broodryk Attorneys for assistance.

SECTIONAL TITLE LEVY COLLECTIONS

As a management agent or trustee, it is import to remember that, prior to handing over arrear levy accounts, a final notice as provided for in terms of rule 25(2) of the Sectional Title Levies Scheme Management Act, 8 of 2011 has to be sent to the member, drawing attention to the following:

  1. The member has an obligation to pay the overdue contributions and charges and any applicable interest immediately;
  2. The interest that is payable in respect of the overdue contributions and charges at the date of the final notice; and
  3. The amount of interest that will accrue daily until payment of the overdue contributions and charges.
  4. That the body corporate intends to take action to recover the amount due if the overdue contributions, charges and interest owing are not paid within 14 days after the date the final notice is given; and
  5. That the member will be held liable for legal costs incurred by the body corporate in recovering such arrears.

Without this notice the member might be able to defend the action in court. This notice can also be sent to the members by the attorney mandated to recover the arrear levies.

Contact Broodryk Attorneys to assist you in drafting the required notice or any other notices provided for in terms of the Act to collect outstanding levies from defaulting owners.

EVICTIONS

The processes and procedures relating to residential evictions are governed in terms of The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, No 19 of 1998 (“PIE”). Even in the most extreme situations, it’s important to realise that no person can be evicted from a residential property without a court order that authorises the eviction. Acquiring the order is a time-consuming process that can take up to three months, or longer if opposed by the occupier – contact us to assist you.

LEGAL COMPLIANCE

It’s important to regularly review your credit related documentation to ensure compliance with all relevant legislation and the common law. Broodryk Attorneys can provide assistance with the review, amendment or drafting of all credit related documentation including:

  • Credit and account applications
  • Terms and conditions
  • Suretyships
  • Cession agreements
  • Acknowledgement of debts.

Contact us today to have your documentation reviewed by one of our trusted experts.

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Our Fees

Fees for debt recovery cases are charged in accordance with a tariff that is reviewed on an annual basis. The tariff is available on request.

A standard hourly rate is charged by our attorneys for defended debt recovery matters, drafting and editing of documentation, legal research and legal advice.

Where we cannot determine the scope of our services, we charge a fee for the time spent, while taking into account the complexity of the matter, the urgency and the expertise required.

We also offer a contingency fee structure* in limited instances (“no success, no fee”) based on the age and volume of debt handed over. Rest assured that we will keep you abreast of all steps taken in the collection process, and invoice you on a monthly basis.

* A contingency fee agreement is an agreement between the attorney and his or her client to the effect that the practitioner will not charge any fees if the client is unsuccessful in the matter concerned.

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