How to get the money you are owed (debt recovery)
If you are owed a sum of money and have been unable to get the money by direct contact with the person that is in debt to you, the Small Claims Court can be used to recover the money you are owed.
(It is important to note that the court will want to see evidence that you have tried all other means of obtaining the money you say you are owed before they will allow a claim to move forward through the courts system.)
Using the courts
Debt recovery through the courts can be a simple and straightforward process if the person that you are claiming against does not contest your claim. Also, the amount of money you are claiming as part of your case for debt recovery will determine which court will hear your case.
In some smaller claims, such as for money under £10,000, you may be able to handle the claim yourself, but for larger sums of money your debt recovery case must be supported by a qualified solicitor.
The services of a solicitor can be invaluable if your case becomes complex, with legal argument from the solicitor acting for the person you are claiming against. Many of the so-called no-win, no-fee solicitor services don’t have detailed knowledge of small claims court procedure, so always check the credentials and experience of any solicitor you want to act on your behalf.
Your case for debt recovery will always stand a much better chance of success if you have a fully briefed solicitor to represent you. Try and contact a solicitor as early in your case as you can. A solicitor may also be able to help you with your initial attempts to recover the money you are owed outside of the Small Claims Court.
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