But if the debtor does not respond to any demand the solicitors fee for a letter could be a waste of money. Accordingly, we now insist that you pay the account in full within seven days of the date of this letter. Should you fail to comply with demand we will start legal action for the recovery of the money you owe us plus legal costs without further notice. Most bad debts will be for less than this amount so small business operators proposing take legal action, themselves, will only need to acquaint themselves with the procedures in Magistrates courts. Inquiries about procedures should, in the first instance, be made in person at the nearest Magistrates Court.
Courts are busy with hearings in the mornings and inquiries are best made in the afternoon.
This and the Complaint is filed at the court after service has been effected. Two copies of a Notice of Defence Form must also be provided to the Defendant. After the Complaint is served the Defendant has 21 days to file the Notice of Defence with the court and provide a copy to the Plaintiff. If no defence is filed within the prescribed 21 days the Plaintiff can apply for a court order awarding the amount claimed and the costs to the Plaintiff. The application is made on a form called Application for Order Form.