Debt Recovery Definitions

Debt Recovery Definitions

Pre-Action Steps

This stage involves a file set up, relevant searches carried out and a pre-action protocol compliant Letter Before Action being sent to the Debtor. There will be two chaser letters throughout the time period allocated for them to respond and a final demand on the deadline, should payment not be received.

Court Proceedings

Should we still not receive payment or gain a response from the Debtor, we are able to issue a County Court Claim on your behalf. We will draft a claim form which will be sent to the courts to enable your claim to be issued.

Entering for Default Judgment

Should your claim not be defended within 28 days of the claim being issued, we are entitled to enter for Default Judgment on your behalf which, in turn, secures a County Court Judgment against the Debtor.

Defended Debts

Where a Debtor raises a dispute over the outstanding invoice either before proceedings are issued or once a claim has been issued.

Enforcement

Once we have obtained a Judgment against the Debtor, where applicable, you can enforce using various different methods.

Higher Court Enforcement Officers/County Court Bailiffs

Officers visit the Debtors property (residential/commercial) to obtain payment or gain control of any goods owned by the Debtor.

Charging Order

A form of security over land owned by the Debtor.

Attachment of Earnings

To seek an Order that the Debtor's employer pays a sum of money from their salary straight to the Creditor to pay off an outstanding debt.

Third Party Debt Order

An order that a third party (e.g. a bank) pays money owed to the creditor rather than the Debtor.

Order to Obtain Information

A hearing to question the Debtor about assets and their ability to pay.

Statutory Demand

Served on the Debtor as a precursor to commencing bankruptcy proceedings against a Debtor.

Our dedication Forbes Collect team

Chris Bowers.jpg

Partner and Head of Department, Insolvency

Chris Bowers

Louise Fielding.jpg

Trainee Solicitor, Insolvency

Louise Fielding

Jack Tasker.jpg

Paralegal, Forbes Collect

Jack Tasker

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