Litigation, Enforcement and Insolvency

Our pre-court procedures are designed to avoid having to take court action. However, in some cases taking your debtor to court may be the only way to effect recovery. We provide a litigation service designed to provide results for clients.

Value for Money – No Throwing Good Money after Bad
  • Cases are screened before going to court to establish that obtaining a court decree will lead to recovery. We are clear there is no point in clients spending money on court action where there is little or no prospect of recovery. You will be fully advised of the possible outcomes to ensure the appropriate decision can be made on whether to go to court or not.
Value for Money – Fixed costs for undefended actions.
  • Before proceeding we will provide you with the costs of the action assuming that the case is not defended. We have negotiated a scale of fees with our panel of solicitors to ensure you receive a cost effective service. In successful actions, these costs will be recovered from the debtor ensuring you are not out of pocket.
Expert solicitors
  • We use a panel of solicitors with extensive litigation experience to ensure all cases are dealt with quickly and effectively. Whichever solicitor we use, you will be professionally advised throughout the court process and we will act as the liaison agent to lessen the burden on you.
Defended Action Service
  • In the event an action is defended, our solicitors will fully advise you of the ongoing procedure, all cost implications and the recommendations for the best course of action.
Enforcement

Once decree is obtained, you can rely on our experience as Sheriff Officers to select the appropriate method of enforcement to effect recovery of your debt. This will again be on the basis of not throwing good money after bad. Enforcement action will only be taken where recovery of your debt and our fees will be recovered.

The standard methods of enforcement are by earnings arrestment, bank arrestment, and attachment. More details can be found on our Methods of Recovery Page

Details of the costs of enforcement can be found on our Fees Page

Insolvency

There may be cases where standard methods of enforcement are not successful. In these circumstances we may recommend insolvency proceedings or in other words bankruptcy of an individual or liquidation of a company. These potential cases would be initially screened by us to ensure insolvency proceedings would lead to recovery of your debt. We use a panel of Insolvency Practitioners who add a further layer of screening to ensure only appropriate cases go forward. Throughout the process you will again be fully informed of any cost implications both by our chosen Insolvency Practitioner and solicitor. You can find more information on the Sequestration tab of our Methods of Recovery Page

Details of the costs of enforcement can be found on our Fees Page