How to recover money owed to you

Initial Assessment of Money Owed

The first step towards recovering a debt is to assess the context in which the money is owed in order to provide the best possible advice on how to proceed tailored to your individual case.

The things we will need to know from outset include, but are not limited to:

• The amount of money outstanding
• How long that money has been outstanding for?
• Has any of the debt been disputed?
• Is there a contract between you and the debtor?
• Are you hoping to maintain a relationship with the debtor?

Before legal proceedings

We would advise trying to collect the debt without the use of court action, this will not only benefit you financially but the courts expect you to have exhausted all reasonable efforts before commencing any legal action.

Although we aim to recover the full amount owed to you by the debtor this may not always be possible, particularly where the debt is disputed. It may be that an amicable situation may have to be negotiated to avoid further costs being incurred by way of litigation.

Issuing Proceedings

Should negotiations be unsuccessful you may decide to pursue your claim through the County Court. Prior to this a Letter before Action would need to be sent to the debtor to inform them of impending court proceedings and to set out the details surrounding the claim.

A claim form will have to be filed with the court enclosing the particulars of the claim, including any interest and late payment compensation.

Any invoices or contractual proof of the debt should also be enclosed.

If no defence is filed or the judge finds against the debtor, if the action is a defended, a judgment in your favour will then be entered. Once a county court judgment has been received the debtor then becomes the judgment debtor.

Should the judgment remain unpaid there are a variety of methods available to enforce payment. For more on these options please see our page entitled “recovering money after receiving judgment”.