Whether it’s a personal or business debt, it can be confusing to understand the process if you’re a creditor. There is one, however, and to ensure the best chances of getting the money you’re owed back you need to follow it. This is where investing in the services of debt recovery solicitors can help considerably.
So, what is the process?
1. Letter Before Action
The letter before action is sent by your commercial or personal debt recovery solicitors and reminds the debtor of their debt and their obligations to pay it. It also informs them that if the debt is not repaid within a given time frame that you will be instigating legal action. Having this letter sent by your personal or commercial debt recovery solicitors rather than yourself can add considerable weight to the proceedings, subtly informing your debtor that you already have legal representation to chase the claim if they do not pay.
2. Issuing A Claim
This is the next step, where your personal or business debt recovery solicitors will draft a Claim Form to send to the court. The court will then issue it and serve it on the debtor. A Claim Form is a document that is used when instigating legal proceedings. It will have on it the relevant details of the case and any necessary case identification numbers that will be used going forward.
3. Enforcing The CCJ
A County Court Judgement will be issued, which means the debtor will have to appear in court to answer relevant questions about their finances. It will give them an opportunity to explain to you and the court why they have ignored your efforts to get the debt repaid up to that point. It will also give you an opportunity to assess their current financial situation and their assets, to determine their ability to pay you back. A judgement will be made, that the debtor must legally abide to, under threat of further prosecution.
Contacting The Right Solicitors
Whether you’re a creditor for a personal or business debt, you need to ensure you contact the right legal assistance. You need a professional team of small claims solicitors – it’s essential your legal team has the experience and professionalism required to guide you through each step of the process.
For experienced, professional, and reliable legal assistance during the debt recovery process, contact Bowsers Solicitors.
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