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Debt Collection Solicitors.
The amount of money owing may dictate the route you take to reclaim your money, we recommend that you discuss your situation with a solicitor, or you can call the CAB on 0808 223 1133.
Debt Collection Solicitors
Debt collection solicitors help individuals and businesses recover overdue or disputed debts.
They may assist with:
- letters before action and pre-action negotiations;
- payment plans and settlement agreements;
- County Court money claims;
- defended debt claims;
- obtaining County Court judgments;
- enforcing judgments;
- statutory demands;
- bankruptcy proceedings against individuals;
- winding-up proceedings against companies; and
- advising on disputed or insolvent debts.
Before Starting Court Proceedings
Creditors are normally expected to provide sufficient information about the debt and give the debtor a reasonable opportunity to respond before issuing a court claim.
The Pre-Action Protocol for Debt Claims applies where a business is claiming payment from an individual, including a sole trader. Different pre-action rules may apply to business-to-business debts.
A solicitor can prepare the appropriate letter of claim, review any response and consider negotiation or mediation before proceedings are issued.
Court Claims and Enforcement
A creditor may apply to the County Court for a judgment where a debt remains unpaid.
If judgment is obtained but payment is still not made, enforcement options may include:
- a warrant or writ of control;
- an attachment of earnings order;
- a charging order over property;
- a third-party debt order; and
- an order requiring the debtor to provide financial information.
The most appropriate method depends on the debtor's income, assets, employment and financial circumstances.
Bankruptcy and Winding Up
Insolvency proceedings should not normally be used merely to pressure payment of a debt that is genuinely disputed.
Subject to the legal requirements, bankruptcy proceedings may be considered where an individual owes at least £5,000. A winding-up petition may be considered where a company owes at least £750 and is unable to pay its debts.
These procedures can be costly and may not result in full payment if the debtor has insufficient assets or several competing creditors.
Finding a Debt Collection Solicitor
The amount owed, whether the debt is disputed, and the debtor's financial position will affect the most suitable recovery method.
Use the search facility at the top of this page to find a debt collection solicitor who can advise on pre-action recovery, court proceedings, enforcement and insolvency options.
This information provides general guidance about debt recovery in England and Wales and does not constitute legal or financial advice.
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Solicitors.com are not a firm of solicitors, and any content on the site should not be used in substitute for obtaining Legal advice from a solicitor regulated in the UK, Solicitors.com recommends that you contact a firm of solicitors to discuss your individual legal requirement. Whilst we strive to bring you accurate up to date content, all content on this site is not legal advice and is not guaranteed to be correct. Use of this site does not create a client relationship.
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