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Court proceedings

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If you are struggling to get back what’s rightfully yours, allow Fairmont to intervene on your behalf. In the case that you have not received a desired response to a Letter Before Action (LBA), beginning court proceedings may be a necessary next step to recover the debt owed. However, you can leave the hard bits to us, here’s how this process will unfold:

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The Filing Process

Court proceedings commence when a claim is filed against the debtor. Where the claim is filed usually depends on the monetary value of the debt. Claims for smaller debts are often filed through the County Court, and larger debts or matters that require more interference due to their difficult nature go through the High Court. Once the claim has been filed, details of the debt can be viewed on the claim form.

The Response

The claim form is served to the debtor, giving them a maximum of 14 days to reply. Debtors are often presented with multiple ways to clear the outstanding debt: they can pay back the full amount, dispute the claim, or request more days to respond. If the debtor chooses to dispute the claim, court proceedings may occur, whereupon both parties will present their case before a judge. If in the case that the debtor fails to respond within the agreed timeframe, a default judgment can be given. 

Default Judgements

Once the debt is legally acknowledged via a default judgment, permissions to enforce payment are granted to the creditor. Methods such as a charging order, an attachment of earnings, or a warrant of execution can be implemented.

To save you time and money, Fairmont can help walk you through the process with ease. You can go forward with confidence knowing that your case is in capable hands.

Contact Us Today

Take the first step in regaining what is rightfully owed to you by contacting our commercial debt recovery specialists today. With Fairmont Legal by your side, you can get back to growing your business with the confidence of knowing your commercial debt recovery is underway.