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.
With offices in Leeds, Sheffield and York, we can offer our county court proceedings services and legal advice either on a face-to-face basis, by post or email. Get in touch with our team of solicitors today by calling 0333 323 5292, sending us an email or filling in the enquiry form on this page.