Intellectual Property Lawyers and Solicitors

9 May 2008
 
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Debt collection

If all your attempts at recovering your debts are unsuccessful, then it may be time to consider court action.

We recommend trying to call the client in case they have moved offices, and if you are still unable to recover the debt, then we suggest sending a first letter reminding the debtor that the invoice is overdue. This is followed by a second letter explaining that if they do not pay within a certain time period you intend to issue proceedings against them.

Should I take court action?

Court action is only worthwhile if the defendant is worth suing. So, a credit check beforehand is highly recommended to avoid spending time and money bringing an action against someone who may be unemployed or bankrupt, or in the case of a company, financially unstable.

If you do proceed to take action, bear in mind that if the claim is defended you will need to take time to prepare the case, including putting together copies of all documents and getting statements from witnesses. Even if you win you may then have to spend more time completing forms to enforce the judgment.

If your debt is more than £15,000 it may be worth seeking specialist legal debt advice, otherwise, you could take action in the small claims court yourself without legal representation. We provide a consultancy service for debt collection whereby we provide you with the relevant letters to send, and help you to get the action started. The cost of this service starts at £250. Please ask us for a quote for your particular circumstances.