Smooth Commercial Law are a niche commercial litigation law firm based in the North West with clients throughout the UK, dealing with Debt Recovery matters.
Every year, millions of businesses and self-employed individuals suffer financial loss because of customers who are unable or refuse to pay what they owe. This can be seriously damaging to your business if the amounts owed are not recovered.
Normally matters can be resolved by simply sending what is commonly referred to as a ‘letter before claim’. Whilst this often results in a dialogue between the parties to the dispute, in some instances further action is required. In which case, we will act on your behalf to recover those debts through the courts.
It is, however, important to note that if the debtor is in a distressed state and at a risk of insolvency, there is a possibility that not all of the monies due will be recovered. It is, therefore, vital to instruct Solicitors as soon as is reasonably practicable.
Enforcement of debt recovery
Obtaining a settlement or judgement from the Court is only part of the process. The other part of the process, and by far the most important, is recovery. Sometimes, even if you have achieved a court order compelling the debtor to pay, the debtor will still refuse to pay.
This is when we consider with our client their enforcement options.
Bankruptcy
Bankruptcy is a formal individual insolvency process whereby an insolvent individual’s assets are realised and distributed amongst that individual’s creditors. The purpose of the bankruptcy is to grant relief to the bankrupt and fairly distribute their assets.
It can be an expensive process as there are court fees involved but this is seen as the most Draconian method of enforcement and the threat of bankruptcy alone may entice an otherwise unwilling debtor into paying what they owe.
We are well versed with bankruptcy matters and are more than happy to assist should you wish to make a debtor bankrupt.
Charging orders in relation to debt recovery
A charging order is a way of securing a judgement debt by imposing a charge over an individual’s property. This is most commonly land but can also be securities and certain other assets. They are a slow but effective method of enforcement, providing that there is sufficient equity in the asset to satisfy the debt.
We can guide you through the process and, if successful, we can also assist in an application for sale. We are very familiar with the processes involved in applying for and obtaining a charging order.
Attachment of earnings order
An attachment of earnings order is a method of enforcing a money judgement obtained in court.
It provides that a proportion of the debtor’s earnings are deducted each month by their employer and paid to the creditor until the debt is paid off in full.
This is often a very popular route as its inexpensive and easy to do. The advantages are that it involves an automatic deduction in the debtor’s wages and doesn’t rely upon them on making payment. The disadvantage, however, is that the debtor needs to be in employment and it can take a while to pay off the debt in full.
Enforcing a money judgement by taking possession of assets
You can also look to take control of certain assets and sell them to raise funds to enforce a monetary judgement. This is also a very popular method of enforcing a judgement as it is relatively cheap and easy.
It requires the issue of a court document which commands an enforcement officer to seize and sell a judgement debtor’s goods to raise funds to satisfy the debt. The procedure is simple and straightforward, but the main downside is whether the debtor actually has any goods to sell.
Why Smooth Commercial Law?
We are a dynamic, modern law firm specialising in debt recovery and general litigation. Our specialist debt recovery team have expertise and experience in debt recovery matters.
We provide fast and effective legal assistance all at an affordable rate. We also offer a same-day service if required and come highly recommended by our current client base.