The Commercial Debt Recovery Court Process

This route is necessary whenever a debt is disputed, relates to solicitors fees (unless they have been assessed) or is for a sum lower than the insolvency threshold of £750. It is further recommended where you do not think your debtor will be able to pay in full immediately but should be able to pay over a period of time.

Our debt recovery solicitors will issue a Claim Form and Particulars of Claim in the County Court for the outstanding debt together with any charges you are entitled to recover such as Late Payment compensation or contractual fees.  At this stage the Court fee and Solicitors fixed costs together with interest at the appropriate rate are also added to the debt.

The Court will serve the Defendant who will be given 14 days from service to respond.

If there is no response or an admission is received we will take your instructions in relation to obtaining Judgment.

If the Defendant files an Acknowledgement of Service he will have a further 14 days to file a Defence.

In the event that proceedings are defended we will advise you as to procedure, the prospects of success, an estimate of costs and the risks posed by litigation.  From that point we will charge an hourly rate for all work carried out to progress the matter to trial and a Judgment.

Depending on the value and complexity of the claim it may be necessary to refer a Defended matter to our Dispute Management Team.

We will negotiate settlement on your behalf if instructed.

Once Judgment has been obtained if the debtor still fails to pay the Judgment debt we can undertake Enforcement proceedings on your behalf if required.

Contact Us

We have experienced Debt Recovery Lawyers ready to answer your enquiries via email or telephone.

Lupton Fawcett are a leading personal and commercial law firm in Yorkshire with well-established offices of highly experienced solicitors in Leeds, Sheffield and York.

We provide a personalised service, with sector specialists and extensive resources to ensure we are giving you the best solutions to your problems.

Within every area of law, we put your interests first.

Our specialist Court Process and Proceedings Solicitors act regularly for clients across the United Kingdom including Bradford, Birmingham, Hull, Leeds, Liverpool, London, Manchester, Sheffield, York and Nottingham.

We can support your needs wherever you live in England, Wales, Northern Ireland and Ireland.

We will always respond promptly, and we will be happy to help