Any sum declared by any Act, whether past or future, to be a civil debt recoverable summarily may be recovered in the court of any magistrate of competent jurisdiction in the manner prescribed by this Act. A magistrate holding a subordinate court of the first class shall have jurisdiction in any suit or proceeding brought under this Act, and notwithstanding anything contained in the Magistrates’ Courts Act, the pecuniary jurisdiction of such magistrate in any such suit or proceeding shall be unlimited.All proceedings under this Act shall be commenced by complaints, which shall be in writing and shall set forth the particulars of the claim
A magistrate of competent jurisdiction receiving a complaint may issue a summon stating shortly the matter of the complaint and requiring the defendant to appear at a certain time and place before him to answer the complaint.
What is the purpose of a debt acknowledgement agreement?
A debt acknowledgement agreement or deed is a written contract in which the debtor states that they owe the creditor a stated sum of money. It also states that they will pay the said sum fully by a certain date or in installments spread out over a stipulated period (acknowledgement of indebtedness).
The benefit of the deed of debt acknowledgement to the creditor is that in a debt recovery action, an application can be made by the creditor to the court for summary judgement. Once presented to court as evidence, a valid debt acknowledgement deed is prima facie proof of the debt.
In summary, one of the requirements for a valid acknowledgement of debt is that a debt acknowledgement needs to be in written form. Therefore, this precludes the validity of a verbal acknowledgement of debt. In any case a written acknowledgement of debt is more persuasive.