Raising an Action to Recover Debt

Debt Recovery Lawyers Glasgow & Edinburgh

Unpaid sums owed to your business can create a tremendous amount of frustration and disruption. If you have tried communicating with your debtor to get them to pay with no success you may have to resort to court action.

The specialist debt recovery solicitors at Simplicity Legal are here to help, using our skills in advocacy and litigation to ensure that you recover sums owed as effectively as possible. Our lawyers will take a proactive and strategic approach, working tirelessly on your behalf to pursue debtors through the courts.

We have many years of experience acting on behalf of a wide range of clients to recover unpaid debts. After meeting with you to discuss your claim, your debt recovery solicitor can advise you on the prospect of success and the most appropriate means of recovering the money owed. Speak to a member of our team today to find out how we can help.

Debt Collection Litigation in Scotland

In the majority of cases, our clients will wish to undertake commercial debt litigation for one of two reasons. The first reason is that they have made attempts themselves to resolve an unpaid debt without success and, to avoid the debt going unpaid, they have decided that they will have to take court action. The second reason is when they believe another party owes them money, but this is being disputed. In such circumstances, the creditor will be required to go to court to have the debt recognised and to force the debtor to pay. Whatever your circumstances, our debt recovery team can provide you with legal advice that is uniquely tailored to your requirements.

We regularly act on behalf of individuals and businesses in all types of debt recovery proceedings, including those relating to:

• Insolvency
• Invoice recovery
• Consumer debts
• Contract disputes

Debt Recovery Procedures in Scotland

The appropriate type of court action will depend on the nature of your claim – your solicitors will be able to advise you what option is best for you.

In cases where sums of less than £5,000 are owed Simple Procedure may be used. Introduced in November 2016, this system is designed to be a more straightforward, quicker way of recovering sums owed and is raised in the Sheriff Court. While it is not a requirement that claimants are represented by a solicitor, instructing a member of our debt recovery team will give you the strongest possible chance of succeeding in your claim. Claims above the value of £5,000 will be heard in the Sheriff Court as an ‘Ordinary Cause’. This procedure is complicated, and it is advised that claimants instruct a solicitor for these types of claims.

Enforcement

If your claim is successful, the court will issue a decree requiring the debtor to pay. Our expert debt recovery solicitors at Simplicity Legal can advise on the appropriate enforcement method to ensure you recover payment. These include:

• Winding-up demand – if payment is not made in 72 hours you can apply to the court to place the company into liquidation
• Bankruptcy – this can be used when the debtor is an individual rather than a company
• Arrestment – accessing funds in the debtor’s bank account
• Earnings arrestment – deduction of money from the debtor’s salary
• Inhibition – prevents the debtor from selling property
• Attachment – enforced sale of the debtor’s property

Contact our Expert Debt Recovery Lawyers in Glasgow, Edinburgh, Shawlands, East Kilbride and Lanarkshire

To find out how we can help you recover the debt owed to you on a fixed fee basis, call us today on 0141 471 9201or complete our online enquiry form and let us help you.

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