Stage 2: Court claims-issue claim/Issue of Proceedings – Obtaining Judgment
If payment is not made in full after our pre-issue demand, we will seek your instructions to start legal proceedings at the County Court.
Stages of process:
- Before issuing proceedings we will perform a further credit check/insolvency search on your debtor using our in-house facility.
- We will add claims for fixed costs, court fee and interest (statutory, contractual or late payment) to the debt and these will be payable by the debtor if a successful recovery is made
- On receipt of the Claim Form the debtor has 14 days to say if he will:
Pay the claim in full;
Admit the claim and make an offer to pay in full by a certain date or by instalments;
Part admit the claim/part defend the claim; or
Defend the claim in full.
- If the debtor responds, we will contact you and advise you accordingly
- If the debtor fails to respond to the Court and fails to pay within the 14 day time limit, we will automatically ask for judgment to be entered against the debtor.
- Ultimately if a judgment debt remains outstanding and/or the debtor fails to comply with an order for instalments payments set by the Court you can proceed to the final stage of recovery which is enforcement.
- County Court judgments made against debtors are recorded on the Register of County Court Judgments for six years, unless the full amount of the judgment debt is paid within one month, in which case the debtor can apply to cancel the entry. If the full amount is paid after one month the debtor can apply for a certificate of satisfaction but the entry will remain on the register marked as “satisfied”.
Issue of court proceedings up to and including Judgment:
|Debt Value (£)||Court Fee (£)||Our Fee (£) incl. VAT|
|Up to 300||35||210.00|
|500 – 1,000||70||276.00|
|3,000 – 5,000||205||348.00|
|5,000 – 10,000||455||492.00|
|10,000 – 20,000||5% of claim||660.00|
|over 20,000||£10,000||On request|
For claims over £100,000 please contact us for details
Our fee includes:
- Additional credit checks/insolvency searches
- Advising you on your options if the debtor responds and next steps if the debtor fails to respond
Our fee does not include:
- Court fees
- Trace fees (typically ca. £50.00 for positive trace)
Timescales: The debtor has 14 days from the court serving the claim to either file a defence or enter an acknowledgement. Once this 14 day window expires a request can be made to the court for judgment to be entered.
Terhi Sygrove is a debt recovery specialist and head of the debt recovery department at Nottingham-based law firm Rotheras Solicitors.
Paige Regardsoe is an Associate Solicitor in our Dispute Resolution department and is based at our Lace Market office.
Susan White is a Senior Paralegal in Rotheras Debt Recovery and Family Law department.
New motoring offence of ‘Causing Serious Injury by Careless Driving’ comes into effect
As of 28 June 2022, a new offence of causing serious injury by careless or inconsiderate driving will apply. If your driving is “below” the expected and results in the “serious injury” of another, then this can be construed as causing serious injury by careless or inconsiderate driving.
Posted on 28/06/2022