Pre –sue + Court Action - the Typical Route to recovering your debt
We are always on hand to discuss with you a bespoke solution to your debt recovery needs but as a rule of thumb the following route is the most common:
Step 2 - Instructing Court Action
Getting serious with your Debtor…
Whilst many clients find our pre-sue letter does the trick and no further action is needed – you may have to take court action to get paid. Our experience has taught us that the quicker you take legal proceedings, the better the chances of you getting paid. No doubt your debtor will have other creditors looking for payment - so you’ll want to get yourself to the front of the queue!
Our extensive database allows us to better determine the debtor’s ability to pay – preventing you throwing good money after bad!
So if other avenues have so far failed it’s time to Instruct Court Action
If you’d prefer to fax us your instructions, instead of sending these online please email us at info@debtscotland.com and we’ll email you our fax form to complete.
Fees
Many clients are surprised by the affordability of taking their debtor to court. After all, where court proceedings are successful, judicial expenses are recoverable from your debtor.
Where court proceedings are successful the cost to you are as follows:
| Amount of debt | Cost to you |
|---|---|
| £50.00 to £250.00 | £30.00 |
| £250.00 to £750.00 | £35.00 |
| £750.00 to £1,500.00 | £40.00 |
| Over 1,500.00 | £45.00 |
Where proceedings are unsuccessful, in addition to the fee above, we add judicial expenses and disbursements.
What do we do?
As soon as we receive your instructions (online, or by letter, fax or email) we can issue proceedings anywhere in Scotland.
To ensure you get paid as quickly as possible:
- Where possible, we’ll draft all documentation and send it to court within 48 hrs.
- Once the court processes the papers (usually within 7-14 days) they return these to us. We then serve (issue) the papers on your debtor.
We know you probably have lots of questions about the court process which is why we have added the following section:
- When is judgement issued?
- What is a time to pay direction?
- Do you have to accept the instalments offer?
- What happens if an instalment decree is granted?
- What happens is the case is defended?
- What happens once judgement is issued?
Falling on Deaf ears? – don’t worry, if your debtor simply ignores the court action we’ll enforce the judgment using our post-judgment remedies.
