Cash flow is critical to any business. Many businesses struggle with unpaid debts. Chasing these debts is time-consuming, frustrating, and often expensive. Debt recovery litigation needn’t be difficult. Our team of debt recovery litigation solicitors are here to help.
We know the impact late or non-payment of debt can have and will work on your behalf to recover the maximum amount of money we can – often including interest and expenses. Contact us today to discuss your circumstances, and find out how debt recovery litigation could improve your financial future.
Debt Recovery Solicitors Paisley & Glasgow
If a client or customer owes you money then chasing it can be time-consuming and stressful. In the current climate, debt control is more vital than ever. Having significant debts can have a severe impact on your businesses long-term prospects. Recovering your businesses outstanding debt is more important than ever in the current economic climate. Recovering what you are owed can often mean the difference between your business being a success or failing. Hunter & Robertson will strive to maximise your return by, where appropriate, seeking to recover statutory or contractual interest, compensation charges and judicial expenses.
Thankfully, the procedure for recovering debt in Scotland is reasonably straightforward.
In most cases, the process begins with us sending the debtor a formal letter notifying them of the outstanding amount and demanding payment. This letter will also notify them that legal action will follow if they don’t pay. At this stage, most debtors will pay. In truth, most debts are simply the result of an oversight or an administrative error.
If this fails, then we will begin legal proceedings with your permission. At this point, the debtor may dispute the debt. If the debt is disputed, we will proceed to litigation (court action). If it is not disputed, we will take all necessary steps to enforce the debt.
If you are owed money, Hunter & Robertson’s debt recovery solicitors in Paisley can help. Our debt recovery solicitors have extensive experience and an enviable track record of recovering debt for our clients.
How to Recover Debt Scotland
At Hunter & Robertson, we have an experienced Debt Recovery Team who can help recovering both secured and unsecured debts. Our debt recovery team will provide you with a complete and professional service with reasonable fees throughout. When can handle all aspects of debt recovery from issuing initial demand letters through to the raising of court actions to enforcing decrees and bankruptcy proceedings.
Our debt collection lawyers can advise on:
- Pre-Litigation Procedures
- Enforcement
- Cross-Border Debt Procedures
- Sequestration & Bankruptcy Procedures
With all our clients, we work to establish long lasting, collaborative relationships. We know that all clients have specific needs and requirements in relation to the recovery of any debt due to them, and that all industries are different.
We will take this into consideration at the outset of any matter in order to help maximise the amount we recover for you. We ensure that we take into consideration the circumstances and objectives of each individual client, the client’s priorities and any issues which may arise during the course of the process. We’ll also provide advice in relation to pre-litigation to support you as best we can. We can also assist in advising you in relation to your own credit control procedures if you require.
At Hunter & Robertson, our debt recovery solicitors have extensive court experience in dealing with debt actions including raising & defending actions and appeals in the sheriff court.
We can assist in recovering even the most complex of debts. Our experienced staff and cutting-edge practices ensure that we consistently and effectively deliver the highest level of client service. We aim to progress cases quickly and effectively and to help our clients recover debts as quickly & efficiently as possible.
Debt Recovery Pre-Litigation Advice
We can assist with pre-litigation procedures and we will discuss your situation and options available to you at the outset of your matter.
In most cases, the first step is for us to issue a demand letter to the debtor advising that we have been instructed on your behalf. A pre-litigation letter advises the debtor of the situation and demands payment in order to avoid legal action. The letter is intended to prompt a response and payment from the debtor. In most cases it does and the matter proceeds no further.
If the debtor does not pay at this stage, we will then give consideration to raising court proceedings.
The exact type of court action required will depend on the particular situation. If action is required to recover payment, the action required to be raised depends on the amount due. If the debt is less than £3,000 then small claims proceedings are appropriate. If this is the case, then it is not necessary to instruct a solicitor. Indeed, the fees are likely to make instructing a lawyer cost prohibitive. If the debt is more than £3,000 then court action with the help of a solicitor is appropriate.
Our Debt Recovery Team have experience of raising all types of recovery actions in the Sheriff Courts and can provide the appropriate advice and guidance specific to your individual case.
Please contact one of our Debt Recovery Team to discuss your own individual needs.
Enforcement
After successful court proceedings, the Court will issue what is known as an Extract Decree and enforcement action can be undertaken to recover the debt. Our solicitors are happy to advise on how to enforce the Decree and recover payment.
Once you have obtained an Extract Decree (an award from the court in your favour) for recovery of the money you are owed, you should consider how you are going to enforce the debt. This is known as ‘diligence’. "Diligence" is a term used in Scotland to describe the various methods available to you to enforce the court order and recover the debt.
The first step in proceeding with any diligence in Scotland is to serve a charge for payment on the party against whom you have been awarded the decree. A charge for payment is a formal demand for payment served by Sheriff Officers for payment of the sum due per your Decree, including any interest and expenses. A charge for payment is a fourteen-day notice to the debtor to make payment. If the debtor does not make payment or agreement within the specified fourteen-day period you can then proceed with further diligence. Our Debt Recovery Team can discuss any aspect of enforcing a debt with you.
Contact Hunter & Robertson Solicitors - Expert Debt Recovery Lawyers
If your business is suffering because of an unpaid debt, contact Hunter & Robertson’s debt recovery lawyers today – give us a call on 0141 889 3196, or complete our online enquiry form.