Legal Levers: Mastering Debt Recovery Through Litigation and Enforcement Training Course

Introduction

For a SACCO, effective loan recovery is the cornerstone of financial stability and member confidence. While amicable and internal collection methods are the first line of defense, there are instances where legal recourse becomes a necessary and powerful tool. This advanced training course provides a detailed roadmap for navigating the legal and procedural landscape of debt recovery, ensuring that your institution can protect its assets and uphold the integrity of its loan portfolio.

This curriculum will empower your team with the knowledge and practical skills required to manage the entire legal process, from pre-litigation analysis and preparing a compelling case to successfully enforcing court orders and judgments. By mastering these legal levers, you will learn how to approach debt recovery not just as a collections task, but as a strategic function that minimizes losses and secures the long-term viability of the SACCO.

Duration 5 days

Target Audience This course is for SACCO credit managers, loan officers, collections teams, legal and compliance officers, and senior management who are involved in the debt recovery process.

Objectives

  • To understand the legal framework and principles governing debt recovery.
  • To recognize when legal action is the most appropriate course of action.
  • To learn how to prepare a watertight case for litigation.
  • To effectively work with and instruct external legal counsel.
  • To master the procedures for filing a suit and serving legal notices.
  • To comprehend the various stages of a court hearing and the rules of evidence.
  • To understand the different types of court judgments and orders.
  • To learn the processes and legal tools for enforcing a court decree.
  • To manage cases involving debtor insolvency or bankruptcy.
  • To maintain meticulous records and documentation for legal compliance.

Course Modules

Module 1: Foundations of Legal Debt Recovery

  • The legal basis of secured and unsecured loans.
  • Overview of relevant laws and regulations for debt collection.
  • The legal difference between a demand letter and a statutory notice.
  • The legal rights and obligations of both the SACCO and the member.
  • Ethical guidelines for pursuing legal debt recovery.

Module 2: Pre-Litigation and Dispute Resolution

  • Final review of internal collection efforts before legal escalation.
  • Drafting and serving an effective legal demand letter.
  • The role of negotiation and mediation in resolving disputes.
  • Conducting a cost-benefit analysis of legal action.
  • Selecting and instructing external legal counsel.

Module 3: Commencing Legal Proceedings

  • Jurisdiction of various courts for debt recovery cases.
  • Drafting and filing the Statement of Claim.
  • The process of serving the member with the court summons.
  • Dealing with un-served summons and substitute service.
  • Understanding the member's right to file a Statement of Defense.

Module 4: The Court Hearing and Trial

  • Preparing witnesses and assembling evidence for the trial.
  • The rules of evidence and how to present your case.
  • The process of examination-in-chief, cross-examination, and re-examination.
  • Handling court procedures, adjournments, and applications.
  • Receiving and interpreting the court's final judgment.

Module 5: Obtaining and Securing Judgment

  • The process of applying for a summary judgment.
  • When and how to apply for judgment on admission.
  • The legal weight and implications of a consent judgment.
  • The meaning of a judgment debtor and judgment creditor.
  • The importance of obtaining and registering a formal decree.

Module 6: Enforcement of Court Decrees

  • A legal overview of attachment and sale of a debtor's assets.
  • The process of garnishment of wages or bank accounts.
  • The use of a court broker to execute the decree.
  • The appointment of a receiver for a business or property.
  • Dealing with challenges and objections to the enforcement process.

Module 7: Tracing and Securing Assets

  • Methods for legally tracing a debtor's assets and income.
  • Utilizing public records and registries to find assets.
  • Overcoming common tactics used by debtors to conceal assets.
  • The process of lodging a caveat or legal charge.
  • Working with law enforcement or investigators if needed.

Module 8: Insolvency, Bankruptcy, and Company Winding-Up

  • Understanding the legal process of individual bankruptcy.
  • The rights of a SACCO as a creditor in insolvency proceedings.
  • The legal process for a company's liquidation or winding up.
  • Protecting your interests and recovering funds from a bankrupt estate.
  • The difference between personal and corporate debt recovery.

Module 9: Working with the Legal Team

  • Establishing a clear service-level agreement with your lawyers.
  • Managing legal costs and negotiating professional fees.
  • Best practices for providing legal counsel with accurate information.
  • Holding regular review meetings to track case progress.
  • Building a long-term, strategic partnership with your legal team.

Module 10: Legal Compliance and Documentation

  • The legal requirements for record-keeping in debt recovery.
  • Creating a standardized system for legal file management.
  • Ensuring compliance with privacy and data protection laws.
  • Auditing your collections and legal processes for adherence to policy.
  • The importance of ethical conduct and professionalism throughout the process.

CERTIFICATION

  • Upon successful completion of this training, participants will be issued with Macskills Training and Development Institute Certificate

TRAINING VENUE

  • Training will be held at Macskills Training Centre. We also tailor make the training upon request at different locations across the world.

AIRPORT PICK UP AND ACCOMMODATION

  • Airport Pick Up is provided by the institute. Accommodation is arranged upon request

TERMS OF PAYMENT

Payment should be made to Macskills Development Institute bank account before the start of the training and receipts sent to info@macskillsdevelopment.com

For More Details call: +254-114-087-180

 

Legal Levers: Mastering Debt Recovery Through Litigation And Enforcement Training Course in Morocco
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