Brandon
Bury St Edmunds
Norwich
Thetford
Debt Recovery Solicitors
Reliable support with recovering the funds you’re owed
Well-written, solid contracts and robust credit control are crucial for protecting your business from unpaid debts. Our contract law solicitors can assist you in strengthening your written agreements with this aim in mind.
However, we know that occasionally, debts owed can become a problem, and you may need help from our debt recovery solicitors.
Our debt recovery services
Our team of debt recovery solicitors are experts at resolving disputes and recovering unpaid debts on behalf of our clients. We know late payments can be a source of difficulty for business owners – but with Rudlings, you're in safe hands.
We manage debt claims for all kinds of businesses, from small family-run ventures to larger companies. We know the financial viability of your business can depend on resolving disputes efficiently and, where necessary, taking legal action to receive the money you’re owed.
Our experienced solicitors consider the best strategy for your particular situation, whether that’s litigation or mediation, to recover your capital, providing advice and support every step of the way.
When should I begin court action?
If you’ve sent standard late payment notices and a formal ‘letter before action’ to the client who owes you money but have received no response, it’s important to consider whether court action will be worth the cost to you.
Does the client have the money to repay you? Will court proceedings damage a key commercial relationship? Will it be worth the time, effort, and money you’ll need to expend?
If you decide it’s worth pursuing court action, our solicitors will issue a claim against your debtor and submit it alongside the court fee. This will force them to admit the claim or mount a defence, which would lead to a trial.
When should I consider enforcement options?
Enforcement is what follows when a judgement is issued against your debtor and they either do not respond to a court-issued claim, or do not make the repayment.
A business may take the enforcement route at this point. This may not necessarily lead to full recovery of the debt, and will incur further costs. Possible outcomes include execution against the debtor’s goods, the establishment of an attachment of earnings order, or a charging order over their property.
When should I petition for insolvency?
As an alternative, you can petition the court to issue a winding-up order to your debtor if they’re a commercial client owing more than £750. They must then either pay, or go into liquidation. If the latter happens, the debtor may be entitled to a dividend.
For individual debtors who owe more than £5,000, there’s an option to ask the courts for a bankruptcy order. If this order is made, the debt can be made up by sale of the debtor’s assets.
Effective debt and dispute resolution for our clients
Whether the debt you’re owed is large or small, our solicitors will clearly explain your options and discuss how we can help you achieve your goals regarding your debt recovery.
At Rudlings, we put our clients at the heart of everything we do. We make sure you understand our proposed course of action and then move forward together with the same end point in mind.
If you’re involved in legal disputes other than debt recovery, our dispute resolution department can provide the advice and support you need.
How long will my debt recovery case take?
It can be difficult to give a precise time frame, because it depends on various factors. Typically, debt recovery cases take one to three months from start to finish, if the debt is uncontested and therefore straightforward.
However, disputed debts and more complex matters may take longer. We know uncertainty can be problematic when running a business, so we keep you fully informed throughout your case.
What can I expect from the debt recovery process?
Debt recovery can be complex and might include mediation, court action, and other legal proceedings. Your case will usually follow these key stages of debt recovery litigation:
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Initial instruction. We listen to your case, review any documentation, and complete the onboarding process.
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Pre-action protocol. We conduct necessary searches and provide written advice where it's needed.
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Letter of Claim. We send a Letter of Claim to your debtor, detailing your statutory demand and outlining what will happen in the event of non-payment of debt.
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Debt paid/unpaid. If the debt is paid, we receive payment and forward it to you. If it’s not paid, we'll issue the necessary claim form you need to proceed.
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Court action. We’ll apply to the court for judgement in default, or a court order, if no payment or Acknowledgment of Service is received. A county court judgement (CCJ) will then be sent to your debtor.
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Judgement received. We'll write to the debtor to demand payment once the judgement in default is made.
If the debt isn’t recovered following court action, we’ll advise you on the next steps to take. We always go beyond the expected to achieve a positive result for our clients.
Fees
No two debt recovery cases are the same. The fee you pay will depend on the value of the debt you're owed, as well as the complexity of the matter.
Many factors affect fees, including the amount of evidence required, the nature of the dispute, and whether it involves defences or counterclaims. Costs can increase, for instance, if the debtor submits a defence to your claim, if the claim goes on for a long time, or if enforcement action is needed.
Uncertainty around fees can be worrying. We're committed to providing you with clarity and the opportunity to talk about costs with us at any stage in the process. If your case is likely to result in added costs, we let you know upfront so you remain in control of the process.
Disbursements
Disbursements are costs related to your case which are payable to third parties. These can include court fees, and Counsel fees where needed. Counsel (barristers) are often used for drafting court proceedings for more complicated matters.
To learn more about Counsel fees, visit our fees page.
We always obtain a quote before instructing Counsel, which we’ll share and discuss with you. This means you can review your budget and make sure you’re happy with the costs involved before going ahead.
Helping you take the first step
towards debt recovery
We know that the process of recovering a debt can be difficult. We're ready to assist you in the
necessary procedures to obtain the money owed to you by your debtor.
Find us across East Anglia, with offices in Norwich, Brandon, Thetford, and Bury St Edmunds.
Speak to one of our specialist solicitors to discuss securing outstanding payments successfully, today.
