Personal Debt Recovery | Court Proceedings

Personal Debt Recovery Court Proceedings

It can be time consuming and exhausting to be owed money that you’re struggling to recover. If the debtor is a friend or family member, it can be even more daunting – especially if you need to pursue legal action.

Coles Miller’s experienced debt recovery team will make sure that taking your debtor to court is a last resort. In fact, a high proportion of debts are repaid when our firm sends a letter before action

However, if your debtor still refuses to pay after receiving an LBA, you will need to consider a claim through court.

We understand how stressful this can feel and we will support you every step of the way. Often, it will not be necessary to attend court in person.

Applying For A County Court Judgement (CCJ)

Applying for a CCJ may prompt your debtor to pay or the proceedings themselves may cause the debtor to enter into settlement discussions. If this is the case, the debt may be repaid before a court hearing is necessary.

The CCJ claim process will start with the preparation and issue of a claim form. The debtor’s response to receiving this form (if any) will dictate the next steps.

If the debtor admits the debt, you will be issued a judgment so it can be repaid. If the debtor does not respond to the claim, we can apply for judgment in default.

Enforcing A County Court Judgement

Being granted a CCJ is often quite straightforward however, it doesn’t automatically mean you will be repaid – that’s when our considerable experience of dealing with this matter may be even more of a benefit.

The CCJ will give you various options to enforce the judgment and get your money back, including – if necessary – instructing bailiffs to recover the debt or seize goods to cover its value.

Bankruptcy

If your debtor doesn’t have the means to repay you, an option is to file for bankruptcy. This will liquidate their assets so any outstanding debts can be paid.

Bankruptcy proceedings usually involve:

checking whether anybody else has started bankruptcy proceedings against your debtor

issuing a Statutory Demand to demand repayment of the debt by a specific deadline
issuing a Bankruptcy Petition to start the formal court process of making the debtor bankrupt
obtaining a Bankruptcy Order once the petition is successful
submitting Proof of Debt to the Official Receiver to lodge your claim for repayment of the debt.

For Eric Holt Debt Recovery Manager:

“As we are approaching the end of the activities to recover the monies owed to me I'd just like to thank you for all you've done. Recovering money from a relative is neither pleasant nor straightforward. I've very much appreciated your advice and guidance and the professional and efficient processing of the recovery of the debt. Should I need the services of a solicitor in the future I will certainly consider Coles Miller and wouldn't hesitate to recommend your debt recovery services.”

Eric Holt

Debt Recovery Manager

Tracey Ford

Legal Assistant

Personal Court Proceedings