The Debt Collection Process 


Est. 2004

SOLICITORS

MORELAND & CO

Very broadly, the Debt Recovery Procedure works as follows:


  • Take your detailed instructions and give initial advice;


  • Deal with money laundering and identity check requirements;


  • A Letter Before Action is sent to the debtor;


  • If we have received settlement of the debt this will be sent to you. If the debt has not been paid, then we will draft and issue proceedings;


  • Where an Acknowledgement of Service or a Defence is not received within the statutory time limits, then an application is made to the Court to enter Judgement in Default;


  • Once  a Judgement in Default is received, we write to the other side to request payment of the debt;

 

  • If payment is not received in accordance with the judgement, then we will contact you in respect of the next steps and likely costs;

 

  • If the debtor files a Defence or Notice of Intention to Defend, further instructions will be sought in order to establish whether the Defence has any merit. If it has no merit, then we will discuss with you filing an Application for Summary Judgement to the court to ‘strike out’ the debtor’s Defence. In the event that the Application is made, then we will need to attend a Hearing at Court to prove the application, you will be notified in advance and advised of the additional charges that are likely to arise;

 

  • Once Judgement has been obtained, you are immediately informed and we will advise you as to what enforcement action we believe you should take.




HOW LONG WILL IT TAKE TO DEAL WITH MY MATTER?


Each transaction will vary according to individual circumstances.  However, as a guide, the average process takes between 4-18 weeks.

The shortest time scale is based on court proceedings not being required. 

The longest time period is when judgement is obtained in default.

If an Acknowledgement of Service or a Defence is filed, we will advise you of the likely costs for a defended claim and the timescales.

If enforcement action is needed, the matter will take longer to resolve. The matter will be transferred to the High Court for enforcement for which there is a court fee. It will also incur additional legal costs.

We will be able to advise you of the most appropriate method of enforcement at the time and provide you with an estimate of our fee, court fees and of the disbursements involved. Type your paragraph here.

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