Obtaining a County Court Judgment may be just the tip of the iceberg when seeking recovery of what is owed to you. Throughout this article, we will provide you with a synopsis of the potential options available to you when considering the enforcement of a Judgment.
Following our recent article on Enforcement of a Judgment, Insolvency proceedings can also be useful tool to enforce a Judgment. Throughout this article, we briefly explore both bankruptcy and winding up petitions as a way to enforce an unpaid Judgment, as well as an effective mechanism for obtaining payment on an undisputed debt.
In our latest article on debtors and how to deal with them, Else Solicitors’ Laura Charles looks into the importance of communication in the legal process.
Director guarantees/personal guarantees
When you supply a limited company, do you ask one or all of the directors to sign a personal guarantee?
If you have a signed Personal Guarantee, then you can pursue the director personally. This will only really get you your money back if the director themselves have cash or assets so we would always advise ensuring you do your due diligence and familiarise yourself with the financial status of any director you wish to engage in this way.
We at Else Solicitors have pulled together some things to consider before starting a claim. This week, there are some things to consider before starting a claim – ID, money on account and payment terms
We at Else Solicitors have pulled together some things to consider before starting a claim. In Part 3 of our series, we discuss Address Details. Where your debtor is an individual or sole trader and you are not 100% sure of the address details you have, it may be wise to consider instructing us to perform a trace. We do not offer this service ourselves but will request this from a third party tracing agent and the cost is reasonable with many agents offering a no trace no fee service.
Do you know your client’s correct trading entity? Have you been invoicing your client correctly? Tying in with the “Know your Debtor” series, making sure you are invoicing correctly plays an important part should the relationship with the customer take a turn for the worse and end up at the Court Proceedings stage. We have had instances where clients have been invoicing their debtors as a limited company (when they are not) or not as a limited company (and they should be).
In the first article in a new debt recovery series from Else Solicitors, Laura Charles looks at the importance of Knowing your Debtor.
Things to consider before starting a claim – Part 1 Name
Before commencing Court Proceedings, there are certain things to consider as even getting the basic information wrong can cause delays and further costs to you down the line.
So, in this series of “Do you know your Debtor” – Part 1 is dealing with the name.
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