- 27 Sep 2021
- 2 min read
The Debt Recovery Process
The debt recovery process is in place to recover sums owed to you when internal credit control procedures have not been successful. The debt Recovery team at Trethowans will guide you through every step of the way.
Here is an overview of what to expect.
Instructions are received and your case is open, a member of the team will then send an official notice informing your debtor that payment is due known as a letter before action. This letter is sent in accordance with court guidelines and will inform the recipient that you intend to take court action if payment is not received.
For more information see our guide to pre-action protocol.
If no response has been received following the letter before action, it is time to think about issuing a court claim. Should you proceed with the claim, a claim form will be served by the court to the debtor, allowing them 14 days to pay, file a defence or enter an acknowledgment.
For more information on the claims process, please see our guide to County Court Claims.
Providing no response has been received to the Claim Form, it is time to request judgment. This is an official order from the court that confirms payment must be made and in the event payment is not received, it allows you to enforce your debt.
If Judgment does not prove successful in recovering the sums owed, you are now able to enforce the debt. There are a variety of different methods in which the debt can be enforced and the team will be there to discuss the options open to you.
For more information on enforcement of debts, please see our guide to enforcement.
When pursuing an outstanding commercial debt, you should always seek the advice of an experienced debt recovery solicitor before embarking on this process. Call our team today on 0800 2800 421.