In the heat of the moment when there is a dispute at work, it is easy to see how an employee may think “that’s it” and walk out of the door – never to return. This is a situation our specialists at Nowell Meller Solicitors see often,...
Chasing unpaid debts can be frustrating, time consuming and take you away from the things that you need to be doing.
Our Dispute Resolution Team in Stafford and Stoke-on-Trent can take the stress out of the process by recovering a debt for you.
How do you recover a debt?
Before issuing Court proceedings you need to comply with the correct procedure. In brief, this means writing to the debtor to set out exactly what is being claimed, why it is owed and when payments should be made.
If the debtor does not respond within a reasonable time, then you are entitled to begin Court proceedings. If you do not follow this process, then the Court can take this into account and award costs against you.
How long will it take?
Debt claims can be issued on-line, which speeds up the process. If the debtor does not respond to the claim within 14 days of being served, then it is possible to apply to the Court for judgment. If judgment is granted your claim succeeds and you will have an Order for payment of the debt.
If the debtor defends the claim then the process can take longer, depending on the amount of the debt. Claims for up to £10,000 are dealt with as small claims and may reach a final hearing within 6 months of being issued. However, claims for more than £10,000 may take longer to reach a final hearing.
Will I get my legal costs back if I succeed?
If you make a small claim you are not normally entitled to recover your legal costs, even if you are successful. If you succeed in a claim valued at more than £10,000, then the normal position is that the debtor would be ordered to pay a proportion of your legal costs.
What if payment is not made?
Even if you succeed in obtaining an Order for payment the debtor may still not make payment. If this is the case, then our specialist Solicitors can assist you in enforcing the Order.
Why the Nowell Meller Disputes Team is the right choice for you
We believe that it is important to try to resolve disputes without Court proceedings where possible, as this is often the quickest and most cost-effective way to get the result you need.
However, if a settlement cannot be reached our experience in litigation and strong advocacy skills will put you in the best place to succeed in your partnership dispute.