Once you have investigated your debtor’s assets and decided that a debt recovery case is worth pursuing, contact Farleys and we will guide you through the initial stages of debt recovery court proceedings.
Immediately following the start of county court proceedings, a claim form is issued and served to the debtor. Thereafter, the debtor has 14 days in which to acknowledge receipt of the claim form and a further 14 days to provide you with any reply or defence:
- If the debtor fails to respond, a money Judgment may be granted in your favour for the amount claimed, plus any interest claimed. This Judgement is a Court Order, which officially acknowledges the fact that you are owed the debt by the debtor.
- If the debtor issues a defence, they are clearly disputing the money claim. You will therefore have to fulfil a variety of requirements and directions issued by the court to prove that the debt is owed to you. This will ultimately lead to a hearing, during which a judge will make a decision regarding your debt recovery claim based on the evidence provided.
If your debtor disputes your money claim, the debt recovery solicitors will provide legal advice, guidance and support, helping you prepare the strongest possible case to support your claim.
Farleys’ debt recovery team charge on a time spent basis, at the hourly rate appropriate to the fee earner instructed e.g. partner, solicitor or trainee. If your debtor serves a defence we will have to re-asses our fees in light of the extra work involved in making a reply to the defence, complying with court directions and attending further court hearings.
Please note, our solicitors will provide clear information on costs before taking matters further.