Quick answer
Ask the lawyer to classify the document, verify the claimant and amount, identify the earliest operative deadline, test whether the National Credit Act applies, assess the prescription chronology, locate missing proof and explain the available response routes. Then define the mandate: who will send a response, negotiate, file court papers or obtain records, and what each stage will cost. The consultation should produce a decision map, not a guarantee that the demand will be withdrawn or defeated.
Start with document and process questions
Ask, “Is this only a demand, a statutory notice, a settlement proposal or part of court process?” Hand over every page, attachment and delivery record. If a summons, application or existing judgment appears in the file, request an explanation of the current procedural step and the deadline created by the served form. Magistrates’ Courts Rules change over time, so the answer should be anchored to the current rule and actual document.
Follow with: “What happens if I do nothing by the stated date?” The date may be the sender’s request, a contractual cure period or a procedural deadline. Ask which source controls and whether a written extension would cover all relevant clocks. A lawyer should distinguish a negotiated pause from a court-sanctioned change.
Test the party, obligation and calculation
Ask what evidence proves the original creditor, any cession, the collector’s authority and the connection between the named debtor and account. Find out whether the agreement, amendments, invoices or performance records are complete. Where identity is disputed, ask what must be said promptly to prevent the wrong account from being treated as accepted.
Request a line-by-line assessment of principal, interest, fees, collection costs, payments, reversals and credits. Ask which entries are contractually or legally supported and what statement period remains missing. The adviser may need more records before expressing a view; that limitation should be written into the action list.
Ask whether the National Credit Act governs this matter
The NCA’s application depends on the transaction and parties. Ask the lawyer which facts place the agreement inside or outside the Act and whether sections 129 and 130 are relevant at the current stage. If debt review is involved, ask how that status affects the planned response without assuming that negotiation itself halts enforcement.
Do not be satisfied with a generic statement that “all consumer debts are covered.” Ask which statutory provision supports the route and what document is needed to confirm it. If the creditor relies on a notice, request an assessment of the notice, delivery and proposed next step.
Ask for a prescription chronology, not a quick age estimate
Useful prescription questions include: What kind of debt is alleged? When did it become due? When did the creditor know the debtor and material facts? Was there a lawful delay? Did any communication or payment amount to acknowledgement? Was qualifying judicial process served, and was prescription pleaded where required?
Take the agreement, account history, payment records, earlier demands, admissions and court papers. The lawyer should explain which fact remains disputed and why a new demand date alone cannot answer prescription. Before offering payment on an old account, ask how that step could affect the position.
Compare response options and their consequences
Ask whether the immediate response should request proof, deny liability, correct identity, dispute the calculation, make a without-prejudice proposal, use a regulator or ombud process, or deal with court proceedings. Each route has limits. A complaint may not suspend a deadline, and a negotiation may not protect against default unless the relevant party and process recognise it.
If the lawyer recommends an admission, undertaking or consent judgment, ask for a plain-language explanation of sections 57 and 58 of the Magistrates’ Courts Act context. Confirm the effect of default, interest, costs and enforcement. Do not sign merely because an instalment figure appears manageable.
Define professional scope and cost
Ask whether the quote covers only consultation, a document review, one letter, negotiations, pleadings or an appearance. Confirm who will do the work, the communication timetable and the trigger for further fees. If the adviser needs counsel, tracing, expert accounting or court retrieval, ask for approval before those costs are incurred.
Use what to do when you receive a letter of demand to understand the broad response sequence. The debt letter-of-demand response checklist can structure the handover, the letter-of-demand glossary clarifies terminology, and the debt-collection process guide provides the wider enforcement context.
Consultation question list
- Which exact document and legal route are we dealing with?
- Who must prove claimant authority, agreement and debtor identity?
- Which parts of the balance are verified, disputed or unsupported?
- Does the NCA apply, and what current provision affects the next step?
- What facts could establish, interrupt or defeat a prescription argument?
- Which deadline requires action even if settlement talks continue?
- What response protects the position without making an unnecessary admission?
- What is included in the mandate, and what outcome remains beyond the lawyer’s control?
Important limitation
These are preparation questions, not legal advice on a specific South African debt. Reliable answers depend on the complete demand, agreement, chronology, account and court record. A responsible lawyer may defer a merits conclusion until missing evidence is obtained and should not promise a creditor or judicial outcome.
FAQs
Can a lawyer answer without seeing the agreement?
A preliminary risk view may be possible, but agreement, account and delivery records are often needed before the claim, NCA route or balance can be assessed reliably.
Should I ask whether the debt has prescribed?
Yes, but provide the due-date, payment, acknowledgement and court-process chronology. The age of the latest demand is not enough.
What should the mandate say?
It should distinguish consultation, record review, correspondence, negotiation, court work, responsible personnel, excluded services and fee triggers.
Can a debt lawyer guarantee the demand will be withdrawn?
No. The lawyer can verify, advise, negotiate and litigate within a mandate, but the claimant and court control their own decisions.
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Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.