Family Law AssociationThe Law Society of Scotland
Glasgow 0141 375 1222

Debt Recovery Lawyers, Glasgow & Scotland

Debt recovery is often an issue that can spiral out of control and become a bigger problem if it is not dealt with in a quick and professional manner. Our specialists have experience in dealing with all aspects of debt recovery and can assist you in solving any issues you may have.

How Our Glasgow Debt Collection Lawyers Can Help You

Our debt collection team can advise you on:

  • Pre-Litigation Producers
  • Enforcement
  • Cross-Border Debt Procedures
  • Sequestration and Bankruptcy Procedures

Best Practice for Recovering Debt from Individuals or Companies in Glasgow & Scotland

Quite often the issue can be solved with an official letter that we can draft and if things do not move in an acceptable time frame we can instigate court proceedings on your behalf.

Professionalism in dealing with these types of dispute is paramount and we can use our experience to expedite the process and give you the best opportunity to get your desired result.

We advise a wide range of clients on all aspects of debt recovery including:

  • Businesses
  • Landlords
  • Individuals

We can recover debts on your behalf from sole traders, partnerships or companies which trade both in Scotland and also in England. Although debt recovery can be quite a complex area especially if you are trying to recover a debt owed to you from an individual or business in England.

Pre-Litigation Procedure

In pre-litigation we would discuss your situation and the options that would be available to you. The first step in many cases, would be to issue a demand letter to the debtor, this would advise the debtor of the situation and demand payment to avoid legal action.

If this letter doesn’t work then the next step would be court action. The type of court action would depend on your situation. If the debt is less than £5000 simple procedure process would be used. If the debt it more than £5000 then it would be ordinary procedure. There are costs involved with both Simple and Ordinary Procedure. There may also be costs incurred if you lose your case, for example the Sheriff may order you to pay the other sides legal expenses. All of this can be discussed with one of our expert solicitors.

Enforcement

After you are successful and the court issues an Extract Decree (a written judgment) this means that enforcement can be undertaken to  recover the debt. “Diligence” is a term used in Scotland to describe the various method available to you to enforce the court order. The first step would be to serve a charge for payment on the party that you have been awarded the decree against. This charge for payment is served by Sheriff Officers for payment, including any interest and expenses. This charge is a fourteen day notice to make payment. If the debtor does not make payment within the fourteen days then we can proceed with further diligence. Our team of solicitors will be happy to discuss any aspect of the enforcement with you including what happens next.

Earnings Arrestment and Arrestment

This is an order from the courts that instruct a debtors employer to deduct the money owed to the creditors from their monthly salary. However, there is a limit on the amount which can be taken. Before the court can do this they must make sure first that the creditor has met the necessary legal requirement enabling them to do so. This means that they first must have obtained a court order, or a document of debt that provides them with a warrant to recover the debt using earrings arrestment.

A court order is granted by the Sheriff in the Sheriff Court although depending on the amount of the debt it could also be granted by the Court of Session.

A document of debt is more complex, but some creditors like landlords and credit unions can register debts in the Books of Council and Session. This allows them to legally recover debts using a sheriff officer without going to court.

It is also open to creditors to prevent debtor’s from accessing money that they have in their bank accounts. This process will involve paperwork being completed by debtors, stipulating that money may be deducted from their account and paid to the creditor. To do this though you must know where the debtor works. If you do nto know where the debtor works then Sheriff Officers will struggle to serve the schedule to your employer. Another consideration when it comes to earnings arrestment is does the debtor make enough money to deduct an amount from them to pay their debt.

As a creditor you will incur legal costs in executing an earrings  arrestment. These costs could be lost if the debtor decides that the best way to deal with the situation they are in is to choose to apply for a Debt Payment Programme or a Time to Pay Order. Both of these if successful would result in the earning arrestment being lifted.  All of these are options that we can advise you on depending on your individual circumstances.

Cross border

A decree granted in a Scottish Sherriff Court can be enforced in England. To enforce this decree in England you must apply to the court which granted the decree to obtain a certificate of money provisions. We can help with this process and can prepare and lodge an affidavit with the Sheriff Court.

Once the certificate of money provisions is obtained this would need to be lodged for enforcement with the relevant court in England. We can work alongside experienced agents in England who will assist in registering the debt in England and enforcing it.

You can also enforce an English or Welsh Court Judgement in Scotland. First you would need to obtain a certificate of money provisions from the court where the original judgement was obtained. Next the certificate needs to be registered in the Register of Judgement of the Books of Council and Session. The certificate must be registered within six months of the date of issue. Once you have received receipt of the registered certificate, enforcement in Scotland can begin.

Sequestration and Bankruptcy Proceedings

You might be considering sequestration as a method of debt recovery you should know that sequestration does not guarantee recovery of all sums. The debtor may, for example, have additional creditors and the debtors trustees would need to distribute the available funds equally to all creditors.

Interest

The UK government has introduced legislation to provide businesses with a statutory right to claim interest on late payment of commercial debt. The amount of interest can be recovered is calculated at 8% above the base rate, starting 30 days after the debt is due.

If you are interested in finding out a bit more about how Jones Whyte Law can assist you with your debt recovery please contact us now to discuss your option.

Fixed Fee Debt Collection Lawyers in Scotland

Our legal fees can be fixed fees or paid on a commission basis depending on your situation and this can be discussed.

Contact our Debt Recovery Solicitors Glasgow, Scotland

If you are interested in finding out a bit more about how Jones Whyte Law can assist you with your debt recovery needs please don’t hesitate to contact us now to discuss your options

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