Business Debt Recovery

"We offer a professional, efficient and cost effective service to recover your business debts."

At Joyya Law Associates we understand how important it is for every business to convert outstanding debts into cash as quickly as possible. This is why we offer an effective, efficient and cost effective service to recover your business debts.

How Can We Help

Letter of Demand

All you need to do is send us the completed commercial debt instruction form, (available on request) and we will immediately take the following actions;

  • Send out a letter of demand to the debtor demanding the payment.
  • This letter will demand payment within 7 days and threaten court proceedings if payment is not made within this time.
  • In some circumstances to serve a statutory demand on a debtor.

Issuing Proceedings

If debtor has not responded to our letter or settled the debt within 7 days period;

  • We will seek your instructions and the appropriate court fee to issue proceedings in the court.
  • Once proceedings have been issued the debtor has 14 days to respond to the claim and up to 28 days to serve any defence.
  • If the debtor files a defence our business debt recovery solicitors will give your business specific advice relevant to your particular matter.
  • We will represent you throughout court proceedings.

Entering Judgment

If debtor has failed to respond to the proceedings;

  • If the debtor fails to respond to the proceedings within 14 days we will request the court to enter the Judgment in default for the debt, interest and fixed costs.
  • If the debt is not paid within one month of the date of the Judgment, it will be entered against the name of the debtor at the Central Registry of Judgments.
  • Judgment debts of £5000 or over will continue to carry interest until paid or settled.

Our Fees

Our fees are competitive and comparable to other law firms. Please contact us for information in regards to our fee structure.

What You need to Know

It is important to know that obtaining a Judgment against a debtor does not mean that you will automatically receive payment of the Judgment debt. The Judgment is a court order that enables you to take further steps to enforce the Judgment against the debtor to recover the debt.

There are a number of methods of enforcing a Judgment and the method used will depend on the assets of the debtor. We can discuss available options in details with you at the appropriate time. Any background information about the debtor will assist in deciding the appropriate and effective method of enforcement to use:

The methods of enforcement

Charging Order : this is a charge against the property of a debtor which places a restriction on the registered title of the property. The debtor will be unable to remove the restriction without your consent. Once you hold a charging order, in certain circumstances, it is also possible to make an application to the court to sell the charged property to recover the Judgment debt.

Bailiffs : can visit the property of the debtor and seize goods to the value of the Judgment debt.

Attachment of Earnings Order : this is a court order that debtor’s employer must pay some of the debtor’s earnings into court. The court then releases monies in part payment of the debt which continues on a regular basis until the Judgment debt is paid in full.

Third Party Debt Order : this order is usually made against a bank or building society and orders a third party who owes money to the debtor to pay money to you in part or full satisfaction of the Judgment debt.

Attend Court for Questioning : this is where you are uncertain what assets the debtor owns. The debtor must attend Court to answer questions about their assets.

Statutory Demand : this is a formal demand for payment and insolvency action against either an individual or a company.

Winding up Petition : this is an application to the court to wind up a company on the basis that it is unable to pay its debts as they fall due.

Bankruptcy Proceedings : this is an application to the court to make an individual bankrupt on the basis that they are insolvent and unable to pay their debts as they fall due.

Negotiating a Settlement

In the case of small claims, we will advise you on the necessary steps to see the claim through negotiation without court proceedings, if possible at all to save you time and minimising costs through negotiation at early stage, all depending upon other side’s response.

Costs

We offer a 20 minutes FREE Initial Debt Recovery consultation and advice on funding options. Our fees are extremely competitive and fixed in undefended cases.

At pre action stage, we may work on Fixed Fee basis, however, should the proceedings are imminent, we will advise you in advance of the likely costs to proceed and alternative funding options.

If you would like to know more about any of these areas of law, simply call us on 0161 835 1607 or complete our online enquiry form.