Debt Recovery

Debt Recovery & Enforcement

Being owed money when a debtor is not responding to your calls and letters can be very annoying, you may have done work for a debtor or lent them money in good faith and now they are avoiding their promise to pay you.

Not being paid what you are due could have a great impact on your business or personal financial situation. When faced with this type of situation it is important to seek legal advice as soon possible to avoid the debtor avoiding their payment responsibilities.

Getting advice and assistance swiftly can be the difference between you getting your money back or securing payments from the debtor and never seeing your money again.

I offer cost effective practical debt recovery solutions and can assist you in a obtaining a judgment at court when the debtor owes you or your business money. Judgment is entered by the Court for the total amount payable including all interest, compensation, solicitors fixed costs and court fees paid.

Judgement -The judgment normally states that the amount of the judgment is payable forthwith and contains a notice to the debtor that details of the judgment will be entered in the Register of Judgments Orders & Fines. If the debt is paid in full within one month of the date of the judgment, the Debtor can ask the Court to cancel the entry in the Register. You should note that the Court will not help you to enforce your judgment so if your judgment is not paid you will need to take steps to enforce the judgment if you want to be paid.

Enforcement of a Judgement

If required I can also assist you in the enforcement of the judgment.

Enforcement -There are various ways in which a judgment can be enforced against a debtor.

These include:

• Warrant of Execution – this is enforcement by County Court Bailiff and generally applies to judgments less than £600A Writ of Control – this is enforcement by High Court Enforcement Officer or Sheriff these are generally used with judgments of more than £600.
• Attachment of Earnings Order – If the debtor is in paid employment then we can make an application to the court to have money taken directly out his/her salary, this method is particularly effective if the debtor is in a job which could be compromised by his employer learning of his/her indebtedness.
• Order to obtain information – If a debtor is not engaging with you and not making and offer to settle the debt on the basis that they can’t afford to then you can make an application to the court to establish the financial income and expenditure of the debtor.
• Charging Order – If the debtor owns their own home and there is equity in the property then an application can be made for security over the debtor’s property, this can secure your debt and will prevent the debtor from being able to sell their property without you getting paid.
• Third Party Debt Order – If the debtor is due money from someone else, than an application can be made for a court order to recover money from the 3rd party and for the 3rd party of the debtor to pay money directly to you.
• Winding Up or Bankruptcy proceedings– If you are owed money by a company then you can make an application to the court to close down that company if they don’t pay you. If your debt is with an individual then you can make an application to have them declared bankrupt. There are different rules for each type of situation and expert advice should be taken before proceeding down this route.

Every debt situation is unique and you should always get expert advice before you decide which path to take in order to make sure you get the most cost effective and efficient solution to your problem.