Do you have a Judgment/ Order to recover monies and are you unsure what to do next?
If you have been granted a Judgment/ Order against someone else (the “Debtor”) and they continue to ignore requests for payment, what can you do next to recover monies owed to you?
Initial Questions to
Do you have a home or business address for the
Do you believe or have knowledge that the
Debtor owns their property?
Does the Debtor have any other assets such as
a car, stock or money in the bank?
of the Debtor’s assets or address? we have tracing agents who can conduct various investigations into the
Debtor to locate an address and possible assets at around £75 to £250 plus VAT
(depending on how in depth you need to go into).
The judgment is dated within 6 years of today’s
We are happy to carry out various searches
such on Land Registry and Companies House for further information at either a
fixed rate or our hourly rates.
There is a variety of enforcement
options available, including:
of Control (County Court Bailiff) – debts below £5,000. The Court sends agents to the debtor’s
address to obtain payment and/or remove goods that are of equivalent value so
that they can be sold at auction. A court fee is payable of £66.
Court Enforcement Officers – Writ of Control – Debts of £600 or more. The Judgment is
transferred from the County Court to the High Court for a Writ of Control.
Agents attend the debtor’s address to request payment or re-possess assets (similar
to Warrant of Execution). The court fee is £66 and the agent charges an
abortive fee of £75 plus VAT if negative.
of Earnings Order–An
amount decided by the court is deducted from the debtor’s wages and paid
directly to you. However, this can only be used for debtors that are employed.
secures the debt owed to you against the debtor’s property. If the property is
then sold or re-mortgaged the debt will be paid if there is sufficient equity
in the property. The court fee is £110.
Party Debt Order-
the court orders that the Debtor’s money held by a bank/building society, is
paid directly to you. This can lead to debtor’s bank account being frozen until
the date of a hearing of the application. But you do need full details of the
Debtor’s bank account. Court fee is £110 plus agent’s fee to attend hearing.
up Petition – an
option of last resort. The threat of such action can be very effective and
focuses the debtor’s mind on paying what they owe. This can be only be used on
debts on or over £5,000 if the debtor is an individual or £750 if the debtor is
a company. The court (and other) fees can be expensive (around £1,500 to
£2,500) so depends if the debtor has assets. Should you be interested in this
then please let us know.
a Statutory Demand –
a pre-cursor to bankruptcy or winding up petition and is a formal request for
payment within 18 days. Will either make the debtor pay, respond or put forward
an offer of payment. Can be used as evidence that the Debtor is unable to pay
their debts. Please discuss this with us further should be interested.
Our specialist debt
recovery experts can advise you on the best route to maximise your recovery and
guide you through each step.
further information on possible enforcement proceedings or if you have any debt
related questions please contact us.
Debt Collection Centre recovers the debts that others can’t- powered by
Devonshires Solicitors. We act for a variety of businesses including
individuals, SMEs, sole traders, government agencies and companies.