Debt Recovery for Businesses
Whether you are a business with customers that have not paid you or an individual who is owed money and whether it is a case of “can’t pay” or “won’t pay”, Hill and Abbott Solicitors can assist you.
As a business, it is can be extremely frustrating when you are not paid for a service that you have supplied or for goods that you have sold to individuals or other businesses.
A customer’s failure to pay can have serious consequences for cash flow, the ability to obtain credit, a business’ reputation and the integrity of a business generally. This is particularly the case where a number of invoices are outstanding or customers regularly fail to pay on time.
If the failure to pay is as a result of an underlying dispute, for example, an allegation that the goods or services rendered were not of a satisfactory quality, then we can advise you appropriately and consider the merits of that claim.
We can assist you in bringing court proceedings if appropriate or taking the appropriate insolvency proceedings against a company or individual that appears unable to pay its debts. We can check public registers for you to try and establish whether or not a debtor is solvent or not or what assets the debtor has to enforce a judgment debt.
We can also advise you in respect of your standard terms and conditions which should set out payment terms and limitation of liability clauses in the event of a dispute arising. If you do not have standard terms and conditions, then it may be worth investing in these, as often these will be of considerable assistance if and when disputes about goods and services arise.
Before taking any formal court action, unless you have done so already, a creditor is obliged to write to the debtor and make a demand for payment. This letter should comply with the relevant court rules and we can assist you in preparing this letter or draft it on your behalf.
Enforcement of judgment debts
If you have a judgment debt against an individual or a business that has not been paid, then we can assist you in enforcing that judgment and will talk you through the most suitable options available to you in the circumstances.
Likewise, if someone has obtained a judgment debt against you and is enforcing that judgment, we can assist you.
We can help you to apply to vary that judgment in order to have it payable by more manageable instalments or even set it aside if there is a good reason why you did not respond to the claim when it was sent to you. Whatever the circumstances, it is important that when you find out that someone has obtained a judgment against you, you act quickly to deal with this, as failing to do so quickly can cause problems.
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