Introduction

It is hard to point out anything that has not fallen victim to the COVID-19. From health challenges to social and economic disruption, the pandemic has thrown millions of people to a new unknown. Businesses big and small are grappling to stay afloat in the market as the pandemic has caused a significant impact on their business cash flow and operations.

The result: a cash-strapped period for everyone. Consumers are having a hard time paying for goods and services. Consequently, it affects the ability of a business to deal with its debts. As a creditor, consider the commercial viability of debt before pursuing its recovery.

Failure means risking pursuing a bad debt, only to find out that the debtor does not have any assets worth seizing. So, is your debtor worth issuing court proceedings? Is chasing after the debt worth incurring the cost of pursuing a County Court Judgment (CCJ)?

Before spending your money or time to take legal action against a debtor for recovery, take these factors into consideration.

Prospects of Winning the Claim

Your chances of winning a small claims court proceeding are high if there is enough evidence to prove that the services or products you provided were of excellent quality and standard. You should also present valid invoices to show the transaction took place.

In most cases, your client may counter-argue that you did the job but did not deliver as specified. This is where you need to have a record that proves that the service you delivered was perfect with no error.

It would be best if you have picture evidence that you could present to the court or have a credible witness that could help your case. To increase your chances of success, do not fail to attend the small claims court.

Winning a small claims court and receiving a judgment does not guarantee that you will receive your money back. You have to get a lien of the debtor’s property or garnishment of their wages or some other enforcement action to recover.

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