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How to recover debts due to you.

We know and understand that no-one – whatever the size of their business – wants the inconvenience, lost management time, and expense of pursuing litigation.  We also realise that improving cash-flow without the need for expensive litigation is “pure” profit for any business.

Our specialist debt recovery service allows businesses to deal with us in a simple and easy-to-follow way – and ensures that we are able to recover debt in the manner which is most efficient in each individual case.

In addition to our specialist approach to construction industry debts, advising on Payment Applications, Pay Less Notices, Adjudication and litigation, debt recovery can include:

7 day (or less) demand letter – quite often a letter from a Solicitor to a debtor is enough to persuade the debtor to make payment.

Statutory demands – this can be used to ask for payment of a debt from an individual or company.  Anyone who is owed money can make a Statutory Demand.  When an individual or a company receives a Statutory Demand, they have 21 days to either;

1. Settle the debt;

2. Reach an agreement to pay.

If there is no agreement, whoever issued the Statutory Demand can start Bankruptcy Proceedings or Winding Up of Limited Company (where the debt is over £750).

Small Claims Action – A Small Claim can be made to the Sheriff Court where the debt is up to £3000.

Summary Cause Action – again a claim is made to the Sheriff Court for the debt, where the debt is over £3,000 and up to £5,000.

Ordinary Action – claim to the Sheriff Court where the debt is over £5,000.

In both Summary Cause and Ordinary Cause Actions Limited Companies will require to instruct a Solicitor to act on their behalf in the Court.  Anyone can raise a Small Claims Action, however it is always best to seek some legal advice.

Once Decree (the Order from the Court detailing how much is to be paid to the creditor) has been issued by the Court, there are various methods of recovering those monies, those can include:

Seizing of assets and freezing bank accounts

Bankruptcy or Liquidation

The Inhibition of property owned by the debtor (inhibiting them from selling their house for example).

If you are owed money and think we can help, please get in touch with either myself or Robin Millar.

Ruth Waters

Tel: 0141 428 3881

Email: rxw@businesslaw.co.uk

Or

Robin Millar

Tel: 01383 721621

Email: rm@businesslaw.co.uk

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