From Judgment to Recovery: Your Enforcement Partner

Our professional debt enforcement services in Mombasa provide the crucial final step in the recovery process. Securing a court judgment is a significant victory, but it is worthless without effective enforcement. Swipe Recoveries Experts Ltd specializes in converting court decrees into tangible assets and cash. We are masters of the post-judgment legal landscape, utilizing every available tool under the Kenyan Civil Procedure Act to ensure debtors comply with court orders. Whether it involves attachment of movable property, garnisheeing bank accounts, or forcing the sale of assets, our team acts with speed and precision. We handle the entire enforcement lifecycle, from applying for warrants to coordinating with licensed auctioneers, making us the trusted choice for creditors across Mombasa.

The Legal Basis for Debt Enforcement in Kenya

Debt enforcement is not merely collection; it is a formal legal process governed by strict rules. In Kenya, the authority for these actions stems from a valid court judgment and is detailed in the Civil Procedure Act (Cap. 21), particularly under the Orders relating to the Execution of Decrees and Orders. Once the court issues a 'Decree'—the official summary of the judgment—the creditor (Decree-Holder) can apply for its execution.

Our team initiates this by applying to the court that issued the judgment, be it the Mombasa High Court or a Magistrates' Court, for a 'Warrant of Attachment and Sale' or a 'Warrant of Sale'. This legal instrument empowers a licensed court bailiff or auctioneer to seize and sell the debtor's (Judgment-Debtor's) property to satisfy the debt. Other powerful tools include a 'Garnishee Order', which allows us to attach funds held by a third party on behalf of the debtor, such as money in a bank account. Our deep knowledge of these procedures ensures every action is legally sound and resistant to challenge, protecting your interests throughout.

Debt enforcement services Mombasa
Swipe Recoveries Experts Ltd

Our Step-by-Step Debt Enforcement Procedure in Mombasa

Swipe Recoveries Experts Ltd employs a systematic and aggressive enforcement strategy to maximize recovery rates. Our process is transparent and executed with the highest level of professionalism.

1. Decree Extraction & Application for Execution: Upon judgment, we promptly extract the official Decree and Certificate of Costs from the court registry. We then immediately file an Application for Execution, specifying the method of enforcement sought (e.g., attachment of goods, property, or salary).

2. Issuance of Warrants & Auctioneer Instruction: The court issues the relevant Warrants. We work with our network of highly reputable, licensed auctioneers in Mombasa who are governed by the Auctioneers Act (No. 5 of 1996). The auctioneer is formally instructed to proceed with enforcement.

3. Proclamation and Attachment: The auctioneer will visit the debtor's premises to proclaim movable goods (like vehicles, office equipment, or household items). The debtor is given a statutory period (typically seven days) to pay the debt, failing which the auctioneer will attach (seize) the proclaimed goods.

4. Sale by Public Auction: If the debt remains unpaid after attachment, the auctioneer will advertise the goods for sale in a newspaper with nationwide circulation, as required by law, and proceed to sell them via public auction. The proceeds are then paid to you, the creditor, after deducting statutory costs.

Debt Recovery & Auctioneering Coverage in Mombasa, Kenya

Swipe Recoveries Experts Ltd provides commercial recovery, skip tracing, and auctioneering services across Mombasa, Kenya and all 47 counties in Kenya.

Costs and Fees for Enforcement Services

An auctioneer's gavel symbolizing debt enforcement services in Mombasa.

Understanding the costs associated with debt enforcement is vital. The expenses are primarily composed of statutory fees and our professional service charges. Transparency is a cornerstone of our practice, and we provide a clear cost breakdown before initiating any action.

Key costs include court fees for filing the application for execution, which are relatively nominal, often starting from KES 5,000 to KES 15,000. The most significant cost is typically the auctioneer's fees. These are regulated by the Auctioneers Rules and include proclamation fees, attachment fees, security/storage costs, and a commission on the sale proceeds. For instance, an auctioneer's commission on the sale of movable goods is typically 10% on the first KES 100,000, 5% on the next KES 900,000, and so on. Importantly, most of these costs are legally recoverable from the debtor. Our service fee is often structured as a percentage of the total amount successfully recovered, ensuring our interests are perfectly aligned with yours.

Frequently Asked Questions

What happens if a debtor in Mombasa hides their assets to avoid enforcement?
This is a common challenge where our expertise is invaluable. Swipe Recoveries conducts professional skip tracing and asset searches. We legally access records from the NTSA (for vehicles), Land Registries, and other sources to uncover hidden assets. If a debtor fraudulently transfers assets, we can apply to the court to have those transactions reversed, ensuring there is property to attach.
How long does the debt enforcement process take in Mombasa?
The timeline can vary. After obtaining a judgment, applying for and receiving a warrant of attachment can take 2-4 weeks. Proclamation gives the debtor 7 days to pay. If they don't, attachment and advertisement for auction can take another 2-3 weeks. An uncontested enforcement process can yield results within 1-2 months from the start of execution.
Can you enforce a debt against a company in Mombasa?
Yes. The process is similar to enforcing against an individual. We can attach company assets such as vehicles, office equipment, and stock. We can also apply for a Garnishee Order against the company's bank accounts. In some cases of director fraud, Swipe Recoveries Experts Ltd can assist in applying to the court to lift the corporate veil and pursue the directors personally.