The legal options available to aid debt collection

As a business, late payments can be a huge problem. Not only do late payments require you to spend time chasing them, but they can also cause problems with cash flow. This is why it’s best to collect debts as soon as possible. However, simply sending emails and reminding a debtor isn’t always enough. This is when you may want to think about taking legal action.

Your Options for Collecting Debt

Send a Debt Collection Letter to the Debtor – The first step to aid debt collection is to send a formal letter to the customer, stating that immediate payment of the debt is required. You should include the details of the debt, along with any subsequent contact made about payment of the debt, together with interest or recovery costs claimed. The letter should also highlight that legal action will be taken if they fail to make the payment. Though this letter can be sent from the business itself, you may want to have an expert debt collector send it on your behalf. Knowing that a professional collector is involved will encourage a debtor to pay.

Use a Debt Collector or Debt Collection Agency – If you are struggling to chase debts, you may wish to consider seeking the help of a debt collection agency. These are professionals with the experience, time and resources to collect outstanding debts quickly and efficiently. Using a debt collector is the step that most businesses take before progressing to legal action, as it can often prevent the need to go to court – which is time-consuming and expensive – altogether.

File a Legal Claim in Court – If numerous attempts to collect a debt have all failed, it’s time to take things to court. The exact court process depends heavily on the type of debt that you are chasing and the amount outstanding. Generally, claims for small and medium debts will be filed through the County Courts. Larger claims will be filed through the High Court.

Though there are a few different court procedures to aid debt collection, all of them can be relatively easy for a business to navigate. However, it is important that the correct procedure is followed as mistakes can be costly or even result in your claim being thrown out. If you’ve worked with a debt collector that has legal expertise, they can help guide you through this step.

Apply for Enforcement – There’s no telling if the debtor will pay their debt, even after you have filed a claim in court and obtained judgment. If they don’t, you can seek to enforce the judgment. There are a number of enforcement options open to you, including sending in the bailiffs to collect the payment in one form or another.

To find out more about the enforcement options click here

What To Do Next

Of course, there is no guarantee that any of that will happen. In fact, we find that the simple act of getting a third-party debt collector involved is enough to convince most debtors to pay pretty quickly. And if they don’t, it’s usually an indicator that something bigger is going on.

At Debtcol, we don’t just chase payment for you. We use years of experience to research your debtors and determine the most effective methods of getting them to pay what’s due. We’re also able to do our own business health investigations, so we can inform you if the reason for the debt not being paid is because the business is in financial trouble, is in the process of being dissolved or something else. Using that information, we can give you tailored advice on what to do next.

If you would like to find out more about how we can help you collect debt from your customers, just get in touch with the team today.