Debt Recovery FAQs

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A claim form should be issued, this is usually at the County Court but will sometimes be in the High Court. The Defendant then has a fixed period of time in which to respond to the Claim Form, failing which you will be entitled to Judgment in Default, and can take enforcement proceedings.

If the Defendant does respond to the Claim form and admits the debt (or part of it) then again you will be entitled to a judgment, ordering the Defendant to pay you the money which is admitted.

If the Defendant denies the claim, then the court will give directions for both parties to take, to get the case ready to be heard by a Judge, in order that a final order can be made.

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Even though you have an order for the Defendant to pay you money, payment may not be made for various reasons (they may not be able to afford it!).

You will then need to take enforcement proceedings. This can include instructing the Bailiff to seize their property for sale, getting a charge over their house and subsequently an order for the house to be sold, or an order for their employer or bank to make payments to you in respect of the judgment.

To find out more information before deciding on enforcement proceedings it is possible to get an order for the Defendant to attend court and give evidence under oath as to their means.

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You may be willing to agree a payment plan with the Defendant but an application may be made to the court by any defendant who wishes to pay a judgment by instalments. The court may list a hearing and then make a decision on the amount to be paid each month, after taking into account the means of the defendant and of course taking into account the fact that you expect to be paid in a reasonable period. If the court orders payment by instalments, further enforcement action will not usually be possible, provided that the Defendant keeps to the payments. An application could be made to review the instalments if the defendants means changed.

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These are sometimes a useful alternative to issuing a claim form. Whether to petition for bankruptcy will depend upon the nature of your case. It is quite expensive to take this step, since you need to provide a deposit for the fees to be incurred by the Official Receiver in the event that the bankruptcy order is made. The Defendant will also be able to oppose the petition if your claim is disputed and they can show good grounds for doing so. Many defendants will not however take the risk of facing bankruptcy proceedings, and often pay up.

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This will depend upon how much the claim is for, and whether or not the claim is defended. We have fixed charges for pre-action debt collection, issuing proceedings and enforcement. If proceedings are defended however, then our normal charging rates are likely to apply.