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. 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 within the 14 day time limit, we will automatically ask for judgment to be entered against the debtor.

Unless the debtor pays the claim in full within 14 days or defends the claim, you will be entitled to seek judgment in default against the debtor. The judgment sum will be payable by the debtor immediately, and at this stage we can either write to the debtor to formally request payment within seven days or proceed immediately to the final stage of the County Court recovery process – 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 Proceedings and Obtaining Judgment – further information

If you would like further information or wish to receive advice, contact our team now without obligation by calling 0800 088 6280 or email enquiries@rotherasharp.co.uk