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Enforceable Payment Agreements

Sometimes as a result of sending a Notice of Intended Claim or following letters of demand it becomes clear that there is no real dispute that a sum of money is owing . If an agreement can be reached to repay by instalments there is now an option for the parties to enter into an Enforceable Payment Agreement (EPA).

The advantage to the creditor is that if the debtor falls behind in making two payments a claim can then be issued for the outstanding balance, but the debtor will not be allowed to file a defence to the claim. Instead the creditor will be able to obtain a judgment straight away which can then be enforced like any other judgment.

The advantage to the debtor is that if they abide by the agreement they do not get an adverse credit rating and they do not have to pay the legal costs associated with a claim being issued through the Magistrate's Court.

Enforceable Payment Agreements  :  Last Revised: Thu Feb 8th 2007
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