Legal Escalation Support for a Commercial Service Provider
Challenge
A mid-sized commercial cleaning and facilities maintenance company in Eswatini had been providing contracted services to a national organization for several years. Despite consistent service delivery and signed renewal agreements, several invoices remained unpaid, accumulating into a large outstanding balance.
Internal attempts to resolve the debt were slow and ineffective. The debtor institution repeatedly promised payment but did not follow through, citing internal processing delays, budget timing cycles, and departmental approval backlogs.
The client sought assistance from TenUp after internal reminders and escalation letters failed to secure a payment commitment.
The Problem
Recovering overdue funds from large institutions and parastatals can be exceptionally difficult.
Key challenges in this case included:
- Multiple internal approval layers, making communication slow and unclear
- Uncertain responsibility between procurement, finance, and operations departments
- A long history of delayed government and agency payment cycles
- The client’s concern that direct pressure could damage the working relationship
Additionally, initiating legal action posed risks:
- Litigation could be costly
- Court timelines could be lengthy
- The client still wished to continue the service contract
A strategic, legally aligned approach was needed — firm enough to compel action, without jeopardizing the business relationship.
Solution
1. Contract & Documentation Review
TenUp conducted a thorough review of:
- The signed service contract
- Delivery records and performance confirmations
- All issued invoices and statements of account
- Prior written correspondence
This ensured the claim was legally sound, clearly documented, and enforceable if necessary.
2. Official Demand & Structured Communication
TenUp issued a formal notice of outstanding balance referencing specific contractual obligations and payment timelines.
The communication was:
- Professional
- Evidence-based
- Non-threatening but firm
It clarified that the matter was now being handled by a third-party recovery service, signaling priority escalation.
3. Guided Legal Positioning — Without Immediate Court Action
Rather than immediately filing suit, TenUp:
- Outlined legal consequences in clear and neutral language
- Provided the debtor with a defined response window
- Requested an authorized signatory to acknowledge debt validity
This created urgency without antagonism.
4. Negotiated Payment Commitment and Schedule
Once the debtor acknowledged the obligation, TenUp facilitated:
- A structured settlement agreement
- A staged payment schedule aligned to internal budget cycles
- Ongoing payment monitoring
TenUp remained the communication point to ensure follow-through.
Results
Outcome | Result |
|---|---|
Acknowledgment of Debt Secured | Within 14 days |
Initial Lump-Sum Payment Received | Within 28 days |
Remaining Balance Recovered via Schedule | Over 60 days |
Client Relationship Preserved | Yes — contract continued |
Litigation Required | No |
Total recovery: 100% of invoiced amount, achieved without going to court.
Client Impact
The commercial service provider:
- Recovered full overdue payment without damaging the relationship
- Avoided the cost and timeline of litigation
- Maintained the long-term service contract
- Re-established payment discipline and accountability with the institution
This case demonstrates that legal positioning does not always require legal action — structured communication and evidence-based negotiation can be just as powerful, especially when working with complex institutional payers.
Conclusion
TenUp’s legal support approach focuses on:
- Strengthening the client’s contractual position
- Maintaining the integrity of business relationships
- Securing payment efficiently and professionally
We use law as leverage, not aggression — ensuring that resolution is firm, respectful, and sustainable.
“We use the law as leverage, not intimidation — that’s why cooperation remains intact.”
