If you're owed cash and chasing it is wasting time and swallowing your tools, let's help. In the current climate, many small businesses have cash tied up in outstanding debts. Often this has dire effects for money flow and thus for the companies long term prognosis.
Recovering debt in Scotland is simple -- at least in theory. Our debt recovery solicitors will help you :
Sending your debtors a letter informing them of the amount, rough payment and telling them that action will be taken if they do not make payment as requested. The vast majority of debtors pay now.
If this doesn't get the job done, we will begin legal proceeding with your consent.
In case the claim is not disputed, we will take all measures to enforce the debt.
In the event the claim is disputed, we'll proceed to lawsuit on your behalf.
At all phases of the process we will keep you informed. If you're having trouble with debtors, then we can help.
Recovery of debt is significant to all individuals and organisations in the present economic climate. Recovering debts due to you may often mean the difference between your business being successful or failing. We work to increase your return , where appropriate, trying to recover contractual or statutory interest, compensation fees and judicial expenditures.
If you are made money, we can help. Our debt recovery lawyers have extensive experience of recovering our customers' outstanding debts.
How to Recover Debt Scotland
Our Team will provide you with a complete and professional company, at a economical rate. Our services range from devoting first demand letters through the increasing of court activities to enforcing decrees and bankruptcy proceeding.
Our debt collection staff counsel:
Pre-Litigation Procedures
Enforcement
Cross-Border Debt Approaches
Sequestration & Bankruptcy Procedures
We plan to create long lasting, collaborative relationships with our customers. To that end we are conscious that all clients have specific needs and requirements in regard to the restoration of any debt due to them. We aim to take this into account at the outset of any matter in order to help streamline a restoration. Our expertise ensures that we take under account the conditions and goals of each individual client, the client's priorities and any special issues that might arise throughout the course of the procedure. We can offer advice with regard to pre-litigation and coaching, with a view to encouraging clients. We can help in advising clients in relation to their own credit management procedures if required.
Our Solicitors have extensive courtroom experience in handling debt activities including increasing and defending actions and appeals from the sheriff courts through Scotland and the Court of Session. We can boost activities for recovery of debts on behalf of both business customers and individuals. Our lawyers have experience acting for a number of public sector organisations and counsel a range of Property Management companies regarding a wide array of housing matters such as paychecks arrears, rechargeable repairs, rent arrears and other debts issues. We also provide advice to clients in relation to actions for recovery of possession of land.
Our team has experience in dealing with a variety of complex issues. Our team is supported by experienced individuals within our company to offer a complete commercial service.
Our experienced staff and practices ensure the best quality of service is consistently and effectively delivered. Our staff prioritise and advancement cases quickly and efficiently.
Pre-litigation The Debt Collection Racket in New York - New Economy Project Advice
We can help in pre-litigation procedure, and we'd talk about your situation and alternatives out there.
In some cases, the first step would be to issue a demand letter to the debtor informing that we're educated in your behalf. We can help you in this respect. A pre-litigation letter advises that a debtor of this situation and needs payment to prevent legal action. The correspondence is intended to prompt a reply and payment from the debtor.
In case payment isn't forthcoming, consideration would then be given to increasing court proceedings.
The type of court actions required on your benefit depends upon your own circumstance. If activity is needed to recover payment, then the actions necessary to be increased is contingent upon the amount due. If the debt will be less than #3,000 a small claims proceedings are appropriate, in the event the debt is more than #3,000 but less than #5,000 a listing trigger actions would be raised and where the debt is over #5,000 a normal action ought to be increased.
You can find court rules which are unique to each sort of activity and our Debt Recovery Team have capable of increasing all kinds of recovery actions in the Sheriff Courts and can supply the suitable advice and guidance specific to your personal circumstance.
Please contact our Debt Recovery Team to discuss your personal needs.
Enforcement
Following successful court proceedings, the Courts issue an awarding Decree (a written conclusion ) and enforcement could be undertaken to recover the debt, even if needed. We'll be happy to advise on the best way best to apply the Decree and recover payment.
Once you've acquired a Decree (a award against the courtroom in your favour) for recovery of cash because of you, enforcement requires to be contemplated using several procedures of diligence. "Diligence" is a term employed in Scotland to explain the many different methods available to you to apply the court order.
The first step in moving with any credit in Scotland is to serve a fee for payment to the party which you've been awarded decree against. A charge for payment is a formal demand for payment functioned by Sheriff Officers for payment of the sum due a Decree, including any interest and expenses. A fee for payment is a two days notice to the debtor to make payment. If the borrower doesn't make payment or agreement within the given fourteen days period then you can proceed with additional diligence. Our Debt Recovery Team will be delighted to discuss any part of enforcement with you.
Cross Border Debt Recovery Procedures
A Decree allowed at a Scotland Sheriff Court could be enforced in England. To enforce a Decree in England you must apply to the court which granted the decree to obtain a certificate of money provisions. We can help in this process including preparing and lodging an affidavit with the Sheriff Court, and also the initial court action jumped.
Once the certificate of money provisions is obtained this needs to be lodged for authorities with the relevant court in England. We work with seasoned agents in England and also can assist in registering the debt from England and applying the same. Should You Would like to speak to an attorney for more information on enrolling a decree from England please telephone our Debt Recovery Team on 0141 248 3456
It's likewise possible to enforce an English or Welsh Court Judgment from Scotland and we can assist with this procedure. The initial step would be to get a certification of money provisions in the court where the original judgement was obtained. Thereafter the Certification requires to be registered in the Register of all Judgements of the Books of Council and Session. The certification must be enrolled within six weeks of the date of difficulty. After receipt of the documented certificate is obtained, authorities in Scotland could be considered and progressed in your behalf.
Sequestration and Bankruptcy Proceedings
If you're contemplating sequestration for a process of debt recovery you must be mindful that sequestration does not link guarantee recovery of sums due to you personally by a debtor. The debtor may, for example, have added lenders and the debtor's citizenship would is need to disperse funds equally to all lenders on discharge of the debtor's period of bankruptcy.
Our debt recovery team has considerable experience acting on behalf of clients trying to recover amounts from a borrower by applying for their sequestration. In addition, we have good connections with Insolvency Practitioners, that will help creditors in Assessing recoveries in debtors.
If You Are Thinking about sequestrating a debtor and would like to Talk to a solicitor please telephone our Debt Recovery Team on 0141 248 3456
He has ample expertise in commercial law disputes and has been an enthusiastic participant at the commercial court at Glasgow because its introduction in 1999. He has over twenty years of experience in quantity debt recovery and offers a complete variety of debt recovery advice to institutional and corporate clients, as well as individuals.
He initially led up the debt department in Kidstons Solicitors, Glasgow. Thereafter, following the merger of Kidstons with a midsize Edinburgh company he headed up the debt recovery division and assisted in achieving Legal 500 and Chambers positions for debt recovery.
Director and his staff know how much clients value successful debt recovery services especially in the present climate. Our clients trade both north and south of the border and litigate in the two authorities. Our team can aid in seeking recovery of debts UK wide. The key for clients isn't only receiving an order in the court. The customers wish to receive payment of debts for them. David and his team will guide their clients through the proper legal procedures with a view to attaining an expeditious and cost effective recovery.
She advises on a wide array of issues including debt recovery, alternative dispute resolution and financial difficulties. She frequently appears in juvenile courts running litigation at all stages of the judicial process. She manages agency instructions for out of city solicitors and offers substantial contribution to our debt recovery team in both regular and evidential hearings in cases between all values of all debt. She often liaises with supporters in relation to complicated or Court of Session work and takes court appointments as a reporter and curator in juvenile court child maintenance cases.
Paralegal, having attended Strathclyde University and finished courses in Civil Court Procedure and Family Law. She was qualified for over 15 years at Civil Court Practice.
She is involved in all aspects of debt recovery, such as raising small claim/summary trigger and ordinary cause actions in the Sheriff Court and also the enforcement of Decrees obtained. Our Debt Recovery Team act on behalf of a number of Housing Associations and Property Managers and Diane is the direct contact for a Number of These clients. Diane also has experience in emerging the Sheriff Court in regard to heritable actions regarding termination of tenancies and also the retrieval of rental. She also attends Court Diets of Tests and appears before the Auditor of Court compared to Taxations.
She also has expertise in certain Family Law matters including simplified divorce procedure and also the drafting of Minutes of Agreement.
Diane is a member of the Scottish Society of Specialist Paralegals, with become a part when the Society was set along with Strathclyde University and also CLT Scotland.
Speak to our Debt Recovery Solicitor in Glasgow