Court proceedings are commonplace for debt recovery – small claims actions being for debts of £3000 or less, summary cause actions for debts valued between £3000 and £5000, and ordinary actions for debts in excess of £5000. However, other options are available and may be more effective in particular circumstances. For example, a Statutory Demand or an abbreviated form of Demand can be used to threaten a debtor who is a limited company with immediate liquidation in the event of continued non-payment of a debt of £750 or more. Such a threat will make your debt a priority for payment.
Where court proceedings are required, you may want to consider additional protective measures such as seeking the court’s authority to lodge an arrestment to prohibit payment to your debtor of funds held by a third party, or an inhibition to prevent your debtor disposing of heritable property, all before the court papers are even served. These legal processes effectively give you security for the sums you are due.
At Thorntons, we can deal with your debt collection needs, leaving you to get on with running your business and ensuring your all-important cash flow is as continual and uninterrupted as possible.
In our experience, where a customer fails to pay your invoice, that customer will likely have other debts too. Our aim is to make your debt the priority for payment in the eyes of the customer. Our collection advice will therefore be tailored to achieving that result.
Where a court judgement is obtained and enforcement is required we will guide you through the options available – arrestment, attachment, insolvency proceedings etc – and the costs that might be incurred. Making the best choice as to the enforcement route to take is essential to maximising your prospects of payment.
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