5 De Montfort Street, Leicester LE1 7GE
72B Main Street, Broughton Astley, Leicester LE9 6RD
solicitors leicester

Debt Collection FAQ

Below are some of the questions we are most frequently asked about debt collection. Please click on a link to jump to the relevant answer.

How long does it take to get a county court judgment?

Generally between 19 and 21 days from when you instruct us to us.

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I donít know where the debtor now lives

Well you can sue him at his old address if that is the best you have. The court rules allow this. But if you donít have an address then it will be very difficult to try to enforce any judgment that you get.

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I know where he works; can we send the court papers there?

No. But if you get a judgment at his old address you can look at an attachment of earnings order that would have his employer deduct a set amount each week/month and send that to you.

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Canít the court bailiff take away his TV / car / computer / furniture to make him pay?

They can, but almost never do. This is not because they are lazy or uninterested, but because they work for the court, and know that they have to do their contact Frisby & Small solicitorsjob in accordance with the standards expected by the judges. And this means being fair to other people who may not owe the money - such as the debtorís family or other creditors. And they have very limited powers to enter into private houses unless they are invited in. We generally do not advise using bailiffs unless you have a good reason to think that there is a significant asset owned by a debtor (a second car for example) or you are owed money by a company with business premises.

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Is a statutory demand better than a court claim?

It can be, but you must be very cautious indeed. If you get this wrong you can end up on the receiving end of an injunction or a very early court hearing where it is up to you to justify and explain why the debtor cannot have any argument that he owes the money. On the pro side is that the demand itself has a low initial cost - we can do this for £100 plus vat and disbursements on straightforward matters - and it is sure to grab the debtorís attention. But on the downside is the risk of costs being awarded against you if the debtor can show a court that he has an arguable case to say he does not owe you the money, and the cost of having to carry through with a petition for bankruptcy or winding up. You are looking at court fees and receiverís deposit of £1000, and legal fees of another £500 on top.

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How much does it cost for debt collection?

Our menu and fixed fee prices are here.

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Can I claim interest?

Generally yes. If you have a contract (e.g. terms of business) that says that interest can be charged, then you use that. Otherwise, if it appliescontact Frisby & Small solicitors, then you can use the Late Payment of Commercial Debt Act, which allows you to add 8% over bank base rate and a fixed collection cost. If nothing else applies you can you can use section 69 of the County Court Act, which allows 8% per annum. If you give us the date on which your debt should have been paid we will advise you which is likely to be the best choice and work out the interest for you.

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Can I claim my legal costs?

Yes, these are on a fixed rate set by the court. Unlike most solicitors our legal bill to you is the same as the costs you can claim, so you can claim the whole amount that you are out of pocket by.

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Please call us now on 0116 233 5522 or complete the
Online Enquiry form on the right of this page and we will be delighted to help you.