Enforcement2018-12-06T21:08:39+00:00

Call us for a free consultation. Schedule of Costs

Business Debt Enforcement by Debt Collecting Lawyers

If the Letter Before Action route has not delivered the desired result, our business debt enforcement lawyers might advise that Court Proceedings are implemented, which can result in a County Court Judgement being issued.

Even at this advanced stage, the debtor might resist paying. We have a wealth of experience and a range of business debt enforcement tools to help you recover your business debts and enforce payment.

Once Judgement has been obtained, our team of debt recovery solicitors will discuss with you the most appropriate means of debt Enforcement. Usually this entails instructing the Bailiff or High Court Enforcement Officer (formerly known as Sheriff).

What is a Bailiff / High Court Enforcement Officer?

The Bailiff / High Court Enforcement Officers have the authority to levy on goods belonging to the Debtor (which are not subject to finance or third party ownership), for the purpose of removal and sale in the absence of payment of the debt.

What is the difference between the Bailiff and the High Court Enforcement Officer?

The County Court Bailiff will be the Officer who enforces the Judgement if the Claim is for less than £600.

The High Court Enforcement Officer enforces Judgements for Claims over £600.

What other processes are there to enforce the Judgement?

When Judgement has been obtained there are a range of other Business Debt Enforcement procedures that may be used, these include:

  • Warrant of Control – The instrument that authorises the County Court Bailiff (in the absence of payment) to attend the Debtor’s premises for the purpose of recovering the debt or if necessary removing goods for sale at auction.
  • Writ of Control – For debts over £600 this authorises the High Court Enforcement Officer to send out a 7 day compliance letter warning the Debtor that in the absence of payment they will be attending the Debtor’s premises for the purpose of recovering the debt or, if necessary, removing goods for sale at auction.
  • Charging Order – An Order placed on the Debtor’s property against which the debt becomes secured.
  • Third Party Debt Order – An Application is made to the Court to Order a Third Party to pay the Claimant. This Third Party can be a Debtor of the Defendant and / or the bank where the Defendant holds an account.
  • Attachment of Earnings Order – An Order to the Defendant’s employer to deduct the amount from the Defendant’s wages for payment of the debt.
  • Application for Debtor to Attend Court for Questioning – Used for the purpose of formally examining the Debtor as to their assets/liabilities.
  • Statutory Demand – A 21 day Demand Notice served personally on the Debtor for Claims over £5,000 for individuals, or debt value of £750 on Limited Companies. In the absence of satisfaction either a Bankruptcy Petition or Winding Up Petition can be applied for.
  • Bankruptcy Proceedings – The procedure of filing a Petition to declare individuals bankrupt for the purpose of identifying the Debtor’s assets where the Claim is over £5,000.
  • Winding Up Petition/Liquidation – The procedure of applying to liquidate the Debtor Company for distribution of assets where the Claim is over £750.

Contact our Debt Collecting Lawyers about Debt Enforcement

Our Debt Recovery Solicitors are experienced in debt enforcement of judgements for the late payment of commercial debts. If your company is suffering from a late payment, please contact us or call us on 01922 616306 for a FREE initial discussion.

The sooner you get in touch, the faster we can work to recover the money owed to your business.

Latest Testimonial/Case Study

Case Study: Successful Alternative Debt Resolution

This case study demonstrates that mediation, an alternative debt resolution technique, can be a very effective method to settle debt related disputes without the need to go to Court. The settlement included damages and costs paid to our client....

Contact us today to discuss your matter in confidence

GET IN TOUCH

There Are Four Key Stages That We Follow In The Debt Collection Process

4-stage-1

A Letter Before Action to the Debtor states the value of the debt and the time frame for payment. In most cases the debt is settled quickly and we do not take the matter further.

4-stage-2

If the debt is still not paid or a reply has not been received we issue a County Court Claim.

4-stage-3

If an Acknowledgment or Defence is not received within the Court time frame we will apply for a County Court Judgment (CCJ).

4-stage-4

There are a number of different ways to enforce the Judgment once obtained.

What We Do Best

  • Claiming Late Payment Charges
  • Enforcement
  • Disputed Claims
  • Overseas Collections
  • Alternative Dispute Resolution
  • Terms & Conditions Consultation

What Our Clients Say

This website uses cookies to give you the best user experience. For information on cookies please read our cookie policy.  Click on the Accept button to continue using Cookies on this website.  By declining cookies you might lose some functionality.