Understand Your Civil Rights - Financial Debt Collection in Scotland

Lots of men and women find chasing debt hard but failing to do this can lead to cashflow issues or worse for companies.



If you are owed cash and chasing it is wasting time and swallowing your resources, let us help. In the current climate, many modest companies have cash tied up in outstanding debts. Often this has dire consequences for cash flow and for the companies long term prognosis.

Earning debt in Scotland is straightforward -- at least in concept. Our debt recovery solicitors can help you :

Offering your debtors a letter informing them of the amount, demanding payment and telling them that action will be removed if they don't make payment as requested. The vast majority of debtors cover now.

If this doesn't work, we'll start legal proceeding with your permission.

In the event the claim is not disputed, we'll take all measures to enforce the debt.

If the claim is disputed, we'll proceed to lawsuit for your benefit.

At all stages of this procedure we'll keep you informed. If you are having trouble with debtors, we can assist.

Retrieval of outstanding debt is valuable to all organisations and individuals in the current financial climate. Recovering debts due to you may often mean the difference between your business being successful or failing. We endeavor to maximise your return by, where appropriate, trying to recover contractual or statutory interest, reimbursement fees and judicial expenses.

If you are made cash, we can help. Our debt recovery lawyers have extensive experience of regaining our customers' loans that are outstanding.

The Way to Recover Debt Scotland

We've got an experienced Debt Recovery Team who will help with all aspects of debt recovery, whether the debt is secured and unsecured. Our Team will provide you with a complete and professional service, in a economical rate. Our solutions range from issuing initial demand letters through the increasing of court activities into enforcing decrees and bankruptcy proceedings.

Our debt collection staff counsel:

Pre-Litigation Procedures

Enforcement

Cross-Border Debt Procedures

Sequestration & Bankruptcy Procedures

We aim to created long lasting, collaborative relationships with our customers. To that end we're conscious that all clients have specific needs and requirements in regard to the retrieval of any debt due to them. We aim to take this into consideration at the outset of any subject in order to help streamline a restoration. Our expertise guarantees that we take into consideration the circumstances and goals of each individual client, the customer's priorities and any particular issues which may arise during the course of the process. We can offer advice in relation to pre-litigation and coaching, with a view to encouraging clients. We can assist in advising clients in relation to their credit control procedures when required.

Our Solicitors have extensive courtroom experience in dealing with debt actions involving raising and defending actions and appeals from the sheriff courts through Scotland and the Court of Session. We can boost activities for recovery of debts on behalf of the commercial customers and individuals. Our attorneys have experience acting for any number of public sector businesses and counsel a range of Property Management companies regarding a wide variety of housing issues including factoring arrears, rechargeable repairs, rent arrears and other debts issues. In addition, we give advice to clients in regard to actions for recovery of ownership of land.

Our team has expertise in addressing a variety of complex problems. Our team is encouraged by experienced individuals within our firm to present a complete commercial support.

Our experienced personnel and practices guarantee the maximum caliber of service is consistently and efficiently delivered. Our staff prioritise and advancement cases quickly and efficiently.

Pre-litigation Debt Collection Abuses – Wage Garnishment Abuse ... Advice

We can aid in pre-litigation procedure, and we would talk about your situation and options out there.

In some cases, the very first step would be to issue a demand letter to the debtor advising that we are educated in your behalf. We can help you in this regard. A pre-litigation letter advises a debtor of the situation and demands payment to prevent legal actions. The letter is intended to prompt a response and payment from the debtor.

In case payment isn't forthcoming, consideration could then be dedicated to increasing court proceeding.



The type of court action required on your benefit depends your own circumstance. If action is required to recover payment, the actions necessary to be increased is based upon the amount . If the debt is less than 3,000 a tiny claims proceedings are right, in the event the debt is greater than 3,000 but less than #5,000 a listing trigger action could be increased and in which the debt is over #5,000 an ordinary action should be increased.

You can find court rules that are specific to each sort of activity and our Debt Recovery Team have capable of raising all types of recovery activities in the Sheriff Courts and can offer the right advice and guidance specific to your individual circumstance.

Please contact one of our Debt Recovery Team to discuss your own individual needs.

Enforcement


After successful court proceeding, the Courts issue an Extract Decree (a written conclusion ) and authorities can be undertaken to recover the debt, even if necessary. We'll be delighted to advise on how best to apply the Decree and recover payment.

Once you have obtained a Decree (an award in the court in your favour) for recovery of cash because of you, authorities requires to be contemplated using several methods of diligence. "Diligence" is a phrase employed in Scotland to describe the many methods available for you to apply the court order.

The very first step Check This Out in proceeding with any credit in Scotland is to serve a charge for payment to the celebration that you have been granted decree against. A fee for repayment is a formal requirement for payment served by Sheriff Officers for payment of this amount due a Decree, including any expenses and interest. A charge for repayment is a two day notice to the borrower to make payment. If the debtor doesn't make payment or agreement within the given fourteen day period you can then proceed with further diligence. Our Debt Recovery Team will be happy to explore any element of enforcement with you.



A Decree granted at a Scotland Sheriff Court can be enforced in England. To apply a Decree in England you must use to the court which granted the decree to get a certificate of cash provisions. We can aid in this procedure including lodging and preparing an affidavit with the Sheriff Court, which the original court action proceeded. The affidavit most be guaranteed by a notary public.

Once the certification of cash provisions is obtained that this needs to be lodged for enforcement with the appropriate court in England. We use seasoned agents in England and can assist in registering for the debt from England and applying the same. Should You Would like to speak to an attorney for more information on registering a decree in England please telephone our Debt Recovery Team on 0141 248 3456

It's likewise feasible to apply a British or Welsh Court Judgment in Scotland and we can assist with this procedure. The very first step is to obtain a certificate of cash provisions from the courtroom where the original judgement has been obtained. The certificate has to be enrolled within six weeks of the date of issue. Once receipt of the registered certification is obtained, authorities in Scotland could be considered and improved in your behalf.

Sequestration and Bankruptcy Proceedings

If you're considering sequestration as a way of debt recovery you must be conscious that sequestration doesn't guarantee recovery of sums due to you by a debtor. The debtor may, by way of instance, have additional lenders and the debtor's trustee will be need to distribute funds equally to all creditors on release of the debtor's period of bankruptcy.

Our debt recovery team has considerable experience acting on behalf of clients seeking to recover sums from a debtor by using for their sequestration. We also have great relationships with Insolvency Practitioners, that will help creditors in Assessing recoveries out of debtors.

If you are considering sequestrating a debtor and would like to Talk to a solicitor please phone our Debt Recovery Team on 0141 248 3456

Raeside Chisholm Debt Recovery Team

He has ample expertise in commercial law disputes and has been an enthusiastic participant in the industrial court at Glasgow because its introduction in 1999. He has more than 20 years of experience in quantity debt recovery and provides a full selection of debt recovery advice to corporate and institutional customers, as well as individuals.

He initially headed up the debt department at Kidstons Solicitors, Glasgow. Thereafter, following the merger of Kidstons with a midsize Edinburgh firm he headed up the debt recovery division and aided in achieving Legal 500 and Chambers positions for debt recovery.

Director and his staff know how much customers appreciate successful debt recovery services especially in the present climate. Our customers trade both north and south of the border and litigate in both authorities. Our staff can aid in looking for recovery of debts UK wide. The key for customers is not only receiving an order from the court. The clients want to acquire payment of debts due to them. David and his staff can guide their customers through the appropriate legal procedures with a view to attaining an expeditious and cost effective recovery.

Experienced attorney within our dispute resolution and litigation department. She frequently appears in juvenile courts running litigation in any respect phases of the judicial procedure. She handles agency instructions for out of town solicitors and provides significant donation to our debt recovery team in both regular and evidential hearings in cases between all values of debt. She often liaises with advocates in regard to complicated or Court of Session job and takes court appointments because a reporter and curator in sheriff court child maintenance cases.

Paralegal, with attended Strathclyde University and completed classes in Civil Court Procedure and Family Law. She has been qualified for over 15 years in Civil Court Practice.

She's involved in all aspects of debt recovery, such as increasing small claim/summary trigger and ordinary cause actions in the Sheriff Court and also the authorities of Decrees obtained. Our Debt Recovery Team act on behalf of some of Housing Associations and Home Managers and Diane is your direct contact for a Number of These clients. Diane also has expertise in emerging that the Sheriff Court in relation to heritable activities concerning termination of tenancies and also the retrieval of outstanding rent. She also attends Court for Diets of Assessments and appears before the Auditor of Court in relation to Taxations.

She also has expertise in some Family Law matters such as simplified divorce process and also the drafting of Minutes of Agreement. She finished her Family Law Paralegal Course at 2005.

Diane is a part of the Scottish Society of Specialist Paralegals, with become a part when the Society was set along with Strathclyde University and CLT Scotland.

Get in Touch with our Debt Recovery Solicitor in Glasgow

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