Lots of people find pursuing debt difficult but failing to do this can lead to cashflow issues or worse for businesses.
If you are owed money and chasing it's wasting time and consuming your resources, let us help. In the current climate, many small companies have money tied up in loans that are outstanding. Frequently this has dire effects for money flow and thus for the companies long term outlook.
Earning debt in Scotland is straightforward -- at least in theory. Our debt recovery lawyers can help you :
Offering your debtors a letter informing them of their outstanding amount, demanding payment and notifying them that actions will be accepted if they don't make payment as requested. The vast majority of debtors cover at this point.
If this doesn't get the job done, we'll begin legal proceedings together with your consent.
In case the claim is not contested, we will take all steps to apply the debt.
In the event the claim is contested, we will proceed to litigation for your benefit.
At all phases of this procedure we will keep you informed. If you're having trouble with debtors, then we can help.
Recovery of outstanding debt is significant to all organisations and individuals in the present financial climate. We strive to maximise your return , where appropriate, attempting to recover statutory or contractual interest, reimbursement fees and judicial expenses.
If you are owed money, we can help. Our debt recovery lawyers have extensive experience of recovering our customers' loans that are outstanding.
We have an experienced Debt Recovery Team who can assist with all aspects of debt recovery, whether the debt is secured and unsecured. Our Team will provide you with a complete and professional service, at a cost effective rate. Our services range from issuing initial demand letters through the increasing of court activities into enforcing decrees and insolvency proceeding.
Our debt collection staff advise on:
Cross-Border Debt Procedures
To that end we are conscious that all customers have specific needs and requirements in relation to the retrieval of any debt for them. We aim to take this into consideration in the beginning of any subject to be able to help enhance a restoration. Our experience ensures that we take under account the conditions and objectives of each individual customer, the client's priorities and any special issues which may arise during the course of this procedure. We can offer advice in relation to pre-litigation and training, with a view to encouraging clients. We can assist in advising clients in regard to their own credit management processes if required.
Our Solicitors have extensive courtroom experience in managing debt activities including increasing and protecting actions and appeals from the juvenile courts throughout Scotland and the Court of Session. We can boost actions for recovery of loans on behalf of the commercial customers and individuals. Our lawyers have experience acting for a range of public sector organisations and counsel a variety of Property Management companies regarding a wide array of housing issues such as paychecks arrears, programmable repairs, rent arrears and other debts issues. In addition, we offer advice to clients in relation to actions for recovery of ownership of property.
Our staff has expertise in handling many different complicated issues. Our staff is encouraged by experienced people in our firm to offer a full commercial service.
Our experienced staff and practices guarantee the highest quality of service is consistently and efficiently delivered. Our staff prioritise and progress cases quickly and effectively.
Pre-litigation Debt Collectors State of California - Department of Justice - Office of ... Advice
We can help in pre-litigation procedure, and we would discuss your situation and alternatives out there.
In some cases, the first step is to issue a demand letter to the borrower informing that we are instructed on your behalf. We can assist you in this respect. A pre-litigation letter advises a debtor of the circumstance and demands payment to avoid legal actions. 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 sort of court action required on your benefit depends your own situation. If activity is needed to recover payment, then the action necessary to be increased depends 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 5,000 a listing trigger action could be increased and in which the debt is over #5,000 a normal action ought to be raised.
There are court rules which are unique to each type of action and our Debt Recovery Team have experience of raising all sorts of recovery activities in the Sheriff Courts you can find out more and may give the proper advice and guidance specific to your personal case.
Please contact our Debt Recovery Team to talk about your personal needs.
Following successful court proceeding, the Courts problem an Extract Decree (a written judgement) and authorities could be undertaken to recover the debt, if necessary. We'll be delighted to advise on the best way best to apply the Decree and regain payment.
Once you've obtained a Decree (a award from the courtroom in your favor ) for recovery of money because of you, authorities requires to be contemplated using several methods of diligence. "Diligence" is a term employed in Scotland to describe the various methods available to you to apply the court order.
The first step in proceeding with any credit in Scotland is to serve a fee for payment on the party that you have been awarded decree against. A charge for payment is a formal requirement for repayment functioned by Sheriff Officers for repayment of this sum as a Decree, including any interest and expenses. A fee for payment is a fourteen day notice to the debtor to generate payment. If the debtor doesn't make payment or agreement within the specified fourteen day period you can then proceed with further diligence. Our Debt Recovery Team will be happy to discuss any part of enforcement alongside you.
Cross Border Debt Recovery Strategies
A Decree allowed in a Scotland Sheriff Court can be enforced in England. To enforce a Decree in England you must use to the court that granted the decree to get a certificate of money provisions. We can assist in this process including preparing and lodging an affidavit together with the Sheriff Court, which the first court action proceeded. The affidavit most be ensured by a notary public.
When the certificate of money provisions is accessed that this requires to be lodged for enforcement with the appropriate court in England. We work with experienced brokers in England and can assist in registering for the debt from England and applying exactly the same. Should you wish to speak to a solicitor for more information on registering a decree in England please call our Debt Recovery Team on 0141 248 3456
It is also feasible to apply a British or Welsh Court Judgment at Scotland and we can assist with this process. The very first step would be to acquire a certificate of money provisions from the court where the original judgement has been obtained. The certification must be enrolled within six months of the date of issue. After receipt of the enrolled certification is obtained, authorities in Scotland can be considered and improved on your behalf.
Sequestration and Bankruptcy Proceedings
If you're thinking about sequestration as a process of debt recovery you must be conscious that sequestration does not guarantee recovery of sums due to you by a debtor. The borrower may, for instance, have added creditors and the debtor's trustee would is need to distribute 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 customers trying to recover amounts from a borrower by using for their sequestration. We also have good relationships with Insolvency Practitioners, who will assist creditors in maximising recoveries in debtors.
If you are considering sequestrating a debtor and would like to Talk to a solicitor please call our Debt Recovery Team on 0141 248 3456
Raeside Chisholm Debt Recovery Team
He has considerable expertise in commercial law disputes and has been an enthusiastic participant in the commercial court at Glasgow since its introduction in 1999. He has more than 20 years of expertise in volume debt recovery and provides a broad range of debt recovery advice to corporate and institutional customers, in addition to individuals.
He initially led up the debt division in Kidstons Solicitors, Glasgow. Thereafter, following the merger of Kidstons using a midsize Edinburgh company he headed up the debt recovery division and helped in attaining Legal 500 and Chambers rankings for debt recovery.
Director and his team know how much customers appreciate successful debt recovery services especially in the present climate. Our customers trade both north and south of the border and litigate in the two jurisdictions. Our staff are able to help in looking for 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 staff will guide their clients through the appropriate legal procedures with a view to attaining an expeditious and cost effective recovery.
Experienced solicitor in our dispute resolution and litigation section. She's worked in private practice since 1993. She advises on a wide variety of issues such as debt recovery, alternative dispute resolution and financial difficulties. She regularly appears in sheriff courts conducting litigation whatsoever phases of the judicial procedure. She handles agency instructions for outside of city solicitors and offers substantial donation to our debt recovery team in both regular and evidential hearings in cases between all worth of all debt. She regularly liaises with supporters in regard to complicated or Court of Session work and accepts court appointments because a reporter and curator in juvenile court child care cases.
Diane co-ordinates our debt recovery department.
Our Debt Recovery Team behave on behalf of some of Housing Associations and Real Estate Managers and Diane will be your direct contact for a Number of These customers. Diane also has experience in emerging that the Sheriff Court in regard to heritable actions relating to termination of tenancies and the recovery of rental. She attends Court Diets of Tests and looks prior to the Auditor of Court in relation to Taxations.
She has experience in certain Family Law matters including simplified divorce procedure and also the drafting of Minutes of Agreement. She completed her Family Law Paralegal Course in 2005.
Diane is a member of the Scottish Society of Specialist Paralegals, having become a part when the Society was set along with Strathclyde University and CLT Scotland.