Can I recover a debt through the courts? Debt Recovery

Yes, if the pre-action protocol has been implemented without success, it is possible to begin court action to recover a debt through the courts.

If the debt is less than £10,000, your case will be allocated to the Small Claims Track. The court will serve the claim form, giving the defendant several options: to pay the claim, admit all or part of the claim, ignore the claim (by not responding within 14 days), or file a defence, which would lead to a hearing. The judgment records your legal right to the debt, but does not guarantee payment.

If the debtor still does not pay up you may transfer your judgment up to the High Court and instruct a High Court Enforcement Officer to proceed with collection on your behalf. Alternatively, you could apply to the court for a third party debt order, an attachment of earnings order or a charging order. It is advisable to take legal advice when enforcing a judgement using one of these methods.

Court claims between £10,001 and £25,000 are dealt with by a fast-track procedure. Claims over £25,000 use a multi-track procedure.

Our Debt Recovery Specialists

Contact a member of the team for advice.