Court Proceedings for Debt Claims: Dos, Don’ts, and Delays

If you’re owed money, it’s important to take the necessary steps to get the debt repaid. This can often include issuing court proceedings for debt claims to recover the money owed. However, there are a number of things you need to bear in mind before taking this step.

In this blog post, we’ll discuss some of the dos and don’ts of issuing debt claims in court, as well as the potential delays that can occur. We’ll also explore some other options available to you before resorting to legal action.

Dos of preparing for court for debt claims:

> When it comes to recovering debt, timing is everything. – You want to make sure that all your paperwork is in order before issuing a county court judgment (CCJ).

> Court proceedings can be costly and time-consuming, so it’s important to make sure you have a strong case. Time in front of a judge is limited. Your case needs to be clear, and your paperwork needs to be complete.

> Consider all available options before issuing a claim. Would the debtor agree to a repayment plan, could the parties mediate?

Don’ts of preparing for court for debt claims:

> Don’t let small technicalities jeopardise your case – make sure all your documents are compliant and your debtor knows you’re serious about getting paid.

> Don’t risk issuing non-compliant letters of claim. Technicalities can cause issues if your debtor can say you did not follow the correct procedure.

> Don’t jump straight to court proceedings for debt claims if you haven’t pursued other debt recovery methods first.

Delays associated with court proceedings

Going to Court will undoubtedly add cost and time. “Quarterly civil justice statistics published by the Ministry of Justice show that from October to December 2021 the mean time taken for small claims to go to trial was 51.4 weeks.”

In fact, it’s also been found that “Multi/fast track claims took 74 weeks to go to trial” 

A year is a long time in business. Can you afford to wait that long for a resolution, and will the debtor still be trading in that time?

 “Small claims have been disproportionally impacted by Covid-19 in terms of timeliness for a number of reasons…These claims have shorter timeframes, to begin with, and so delays will be observed sooner in the timeliness figures, whereas delayed fast and multi-track claims may not yet have reached a hearing.”

Highlighting the importance of ensuring you’ve exhausted other methods of debt recovery first, as well as making sure your case and paperwork are in full order as any errors and/or omissions could lead to even further delays.

How should I navigate court proceedings for debt claims?

If you’re considering taking legal action to recover debt, it’s important to seek professional advice. Court proceedings can be complex, and the last thing you want is for your case to be thrown out because of a technicality.

At My Debt Recovery, we offer a no-obligation review of your claim and your options and, if you instruct us, it’s no win no fee.

We have a wealth of experience in debt collection and the relevant avenues of recovery. We can guide you through the process from start to finish. 

Get in touch to discuss your case and options today.

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