Initial assessment and case review
At Remington & Co Solicitors, our debt recovery process begins with an initial assessment of the case. We take the time to understand our client’s business and the nature of the debt. We also review any relevant documentation and assess the debtor’s financial situation. Based on this information, we develop a debt recovery strategy that is tailored to the specific circumstances of the case.
Letter before action
If the debtor has not paid the outstanding debt after the initial assessment, we will send a letter before action. This letter outlines the outstanding debt, the legal action that will be taken if the debt is not paid, and the timeframe in which payment must be made. The letter before action is an important step in the debt recovery process as it gives the debtor an opportunity to pay the debt before legal action is taken.
Issuing legal proceedings
If the debt remains unpaid after the letter before action, we will commence legal proceedings against the debtor. We will advise on the most appropriate court to issue the claim and will prepare the necessary legal documents.
Once the claim has been issued, the debtor will have a limited period of time to respond. If the debtor does not respond, we will apply for a judgment in default. If the debtor disputes the claim, we will advise on the best course of action, which may include mediation or a court hearing.
Enforcement of judgments
If a judgment is obtained in our client’s favor, we will take steps to enforce the judgment. There are several enforcement options available, including:
Writ of ExecutionΒ – this allows a sheriff to seize goods belonging to the debtor and sell them to recover the debt.
Attachment of earnings – this allows a portion of the debtor’s wages to be deducted to pay the debt.
Registration of a Writ- this secures the debt against the debtor’s property, which can be sold to recover the debt.
We will work on the most appropriate enforcement option based on the debtor’s financial circumstances.
Post-judgment recovery
Once the debt has been recovered, we will ensure that our client receives payment promptly. We will also provide advice on any further steps that can be taken to prevent similar debts from occurring in the future. Our debt recovery team will work closely with our clients to develop strategies to manage their credit control procedures and minimize the risk of future debts.