Vetting help to collect before the debt prescribes

Prescription is the debt collector's deadline. Once a debt prescribes — typically three years from the last written acknowledgment or payment — it becomes legally unenforceable. A collector hired too late, or one who sits idle while the clock runs, leaves you with a claim that no court will hear. The pressure, then, is real: you need someone who acts fast and knows exactly what evidence to gather before that window closes.

But speed without competence is worthless. A collector who chases the wrong debtor, mishandles a promissory note or miscalculates the prescription date can waste months of your shrinking time. The trick is finding someone licensed, experienced and credible enough to move with urgency — and to verify that they will, before you hand over your file.

Check their law society registration and good standing

Start with the Law Society of South Africa. Search their online register to confirm the attorney is admitted to practise and has no disciplinary record. Note the year they were admitted; someone with ten years in debt recovery has weathered disputes and learned what evidence matters. Ask for their registration number and verify it yourself — do not rely on what they tell you. If they cannot produce it, or it does not match the register, walk away immediately.

Ask also whether they have professional indemnity insurance. It is not a legal requirement for all practitioners, but it matters for your protection if something goes wrong. Request proof of current cover and note the insurer's name.

Request their prescription checklist and evidence protocol

A seasoned collector will have a system. They know which documents prove the debt exists, which ones stop the clock on prescription, and which ones are too weak to rely on. Before you instruct them, ask to see their written process. Do they ask for invoices, signed agreements, proof of delivery, email trails, payment records and any written correspondence from the debtor? Do they confirm the last date the debtor acknowledged the debt in writing or made a payment? Do they flag prescription risk in their initial advice to you?

If they give you a vague answer or claim they will "work it out as they go", that is a red flag. Prescription does not wait for improvisation.

Phone three recent clients and ask specific questions

Do not accept a generic testimonial. Call someone who instructed them within the last 18 months on a debt collection matter. Introduce yourself as someone considering hiring them, and ask:

• Did they explain prescription risk and the timeline upfront?
• Did they gather evidence systematically, or did they chase payment first and scramble for proof later?
• How quickly did they move once instructed?
• If the collection failed or the debtor disputed the amount, did they explain why and what evidence fell short?
• Would you use them again, and why?

Listen for hesitation or vague praise. Someone who worked well will give you concrete detail. Someone who struggled will often say "they were okay" and move on.

Confirm their understanding of your debtor's prescriptive status

When you brief them, tell them the exact date the debt arose, the last date the debtor made a payment or wrote acknowledging it, and ask them to confirm in writing when prescription will occur. They should flag this in their letter of engagement. If they miss it or get the date wrong, you will know before you are locked in.

Ask how they plan to preserve the prescription status — will they send a formal letter of demand that the debtor might ignore, or will they file summons to interrupt the clock? What are the costs of each approach? This is not about choosing the cheapest route; it is about having a collector who reasons through the time constraint and makes a deliberate choice, not a hurried one.

Once you have cleared these checks, you will have a working sense of whether this person treats prescription as the urgent boundary it is, or whether they see it as something that will "probably be fine." The difference often determines whether your debt gets recovered or simply disappears. Find a verified attorney through Strove who can walk you through their process and back it up with real references.