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Judicial Debt Collection in the UK

Do you have a debtor in the UK who is refusing to pay your invoice? Have you exhausted all pre-legal measures to reclaim your money but still have no success? In this case, you should begin judicial proceedings in the UK 

We can recover your business debt in England and Wales: 

  • Established since 1952 
  • Experts in British law, judicial proceedings and business customs 
  • We’ve helped hundreds of businesses get their money back 

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How does judicial debt collection in the UK work? 

Initially, you should try to recover your debt amicably and without the intervention of the courts. This is not only cheaper and quicker, it is more ideal way to collect your debt.  

But not only this, it’s important to show the courts that you have exhausted every avenue before initiating legal proceedings. Especially in the UK, courts will want to see you have tried to resolve the case amicably. They will encourage you to try Alternative Dispute Resolution (ADR), if you haven’t done so already.  

Initiating legal proceedings in the UK 

With all legal proceedings, you should consult with a lawyer before announcing to your debtor that you are taking them to courtIn the UK, there are many different paths you can take to recover your outstanding debt with your English or Welsh debtor. Which path you take will highly depend on the circumstances of your case 

If the debtor does not pay within a set period of time, we can, in consultation with you, commence legal proceedings. We will always provide you with information in advance regarding the potential costs, and we only proceed after obtaining your permission. We have the following options to proceed against your English debtor: 

  1. Ordinary civil proceedings 
    1. Small claims – smaller outstanding debt of £10,000 
  2. Fast track claims  non-complex cases, usually up to £25,000 
  3. Multi-track claims – complex claims, more than £25,000 
  4. Winding up or bankruptcy petition  

“Bierens and its team of international lawyers understand the needs of companies and can adapt to any situation.”

Lea Macedoni / Alessi

Small Claims 

Claims smaller than £10,000 are dealt with as ‘small claims. Usually, hearings are not as long as those for higher value claims. Sometimes there is no hearing at all. One disadvantage is that the costs of these proceedings are rarely charged to the losing party. 

Fast Track Proceedings 

The fast track proceedings are used for higher value, non-complex claims (usually up to £25,000). These proceedings tend to take more time than ‘small claims’. Also, the court will sometimes order that at least part of the costs of the proceedings should be paid by the losing party. However, the amount is at the discretion of the Court. 

Multi Track Proceedings 

Claims larger than £25,000, or particularly complex cases, are dealt with in ‘multi track’ proceedings. On average, these proceedings take longer, with the final hearing usually lasting more than one day. There is a greater willingness on the part of the Court to order that the losing party has to pay the costs of the proceedings, although again, the amount is at the discretion of the court. 

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We are experts in international debt collection

  • Since 1952
  • International expertise
  • Specialst laywers in international debt recovery
  • Every year we collect thousands of outstanding invoices

Order for payment 

Unlike many European countries, there is no national equivalent in England & Wales to an ‘Order for payment procedure’. Ordinary civil proceedings must be commenced if you wish to collect your debt from an English or Welsh debtor. 

Winding-up / bankruptcy petition 

In the UK, if no payment has been made by the debtor after being demanded to pay and there is no dispute regarding the debt, then the debtor is technically classed as insolvent. This means that you can commence Winding up proceedures to ensure you are paid first, especially if you are concerned there may be other creditors wanting payment.

Specialists in International Debt Collection

Our 35 international lawyers are specialists in debt collection across Europe. From the moment that you hand your case over to us, we will do our utmost to resolve the matter as soon as possible. Whether this concerns a straightforward debt recovery matter or a complicated legal conflict, we will unburden you.

Want to know more about international debt collection?

You can find more comprehensive information about international debt collection in our knowledge bank.

Still in need of some advice? Give us a call today. Our international debt collection specialists and lawyers will be happy to help.

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