Debt Recovery

At The Law Practice UK Limited, we assist individuals and commercial clients with debt recovery actions. On receipt of instructions from our client, we will issue a letter before action to the Debtor. If the Debtor fails to respond or pay we will issue proceedings to recover the debt.

On occasions, we may not know the Debtor’s whereabouts and in such instance would instruct a tracing agent to find this information.

Once the proceeding is issued and matters are not defended we can seek to have judgement entered against the Debtor. If the case is defended we will assist with preparation of trial.

On having received a judgment against the Debtor, we will examine to see which would be the best course of enforcement option to pursue the debtor in order to recover the money owed. The following options are available:

Application to the court for an order to obtain information

This is an application made to the court to request the debtor attend court to provide to the court officer their financial circumstances. This include income, expenditures, earning details and assets he/she may have. This will help to determine viable enforcement options to recover the money.

Charging Order

If the judgment debtor has assets, an application can be made to the court for a charge over an asset, usually a property. Once a final charging order is granted, this will allow our client to have a legal interest in the property and the debtor cannot sell the property until the debt is settled first.

Instructions of Bailiff to recover goods

County Court or High Court bailiffs can be instructed (depending on the amount of the debt)to seize the debtor’s goods to sell and repay the debt. In residential properties, bailiffs can only gain peaceful entry to seize goods and only non-essential goods can be taken.

Attachment of earnings

If the judgment debtor is employed, we can make an application for the employer to deduct wages from the debtor and send it to the judgment creditor.

Third party debt order

An application is made to the court to request for seizing of the debtor’s bank account and to have monies transferred to the creditor. We would need to know the bank details in order to exercise this option. There is also no guarantee there are sufficient funds to satisfy the judgment debt.

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