Debt Recovery (court proceedings; enforcement; charging order; possession order; order to attend for questioning)

Are you owed money?

Is your debtor failing to make payment in accordance with the payment terms agreed?

Or, are you struggling to keep up with payment terms, do not know where to turn, and need to negotiate new payment terms?

Whatever the circumstances, Oxley and Coward are able to advise and assist in reaching a commercial and cost effective resolution.

Debt Recovery

Our professional team offer a streamlined debt recovery service, preparing letters before action and court proceedings where necessary. It is not unusual to find that debtors wait until they receive correspondence from legal representation before deciding it is time to pay, so for a small competitive fee, that initial contact on our letter head may be all that is required. If parties wish to negotiate, we are also able to facilitate negotiations and correctly document any settlement reached, to assist in future enforcement if the agreement is breached.

Representation can be provided through the court process, all the way up to trial if necessary. If assistance is required through only part of the proceedings however, dealing with disclosure or witness statements for example, discreet instructions can be accepted and on occasions fixed fees can be agreed. Our aim is to work with you to ensure cost effective solutions are offered throughout.

Enforcement

If judgment is obtained and payment is not made in full by the date given, the next stage in the process is enforcement of the judgment. We can guide you through the enforcement options available, whether you are the one enforcing the judgment, or against whom the judgment is being enforced.

There are many options available during the enforcement stage, including:

• Instruction of County Court or High Court Bailiffs – goods are taken to satisfy the debt
• Attachment of earnings – wages are deducted from source before being paid to the debtor
• Charging orders – the debt is secured on the property of the debtor, effectively meaning the property cannot be sold or transferred until the debt is paid
• Order to attend court for questioning – the debtor has to attend court to answer questions about their assets, liabilities and finances
• Third party debt order – money owed to the debtor by third parties is paid directly to the person with the benefit of the judgment, by the third party
• Bankruptcy/winding up petitions – an individual is made bankrupt, or a debtor company is wound up so that any assets in their name are collected in to pay debts owed in a specific order of priority.

In our experience, the sooner you act, the better the outcome you are likely to achieve and the lower the legal costs you are likely to suffer obtaining the same.

Please contact us today if you have any queries about recovering a debt, disputing a debt, or regarding enforcement as our highly skilled team would be happy to help!