Should I pursue my debtor?

Laura Mather

Deciding whether to pursue a debt is an important consideration for anyone thinking of starting court proceedings to recover money they are owed. 

When we are first instructed, we ask our clients what they know about the defendant. One of our litigators, and partner at Samuels, Mark Cummings explains that “if a debtor does not have the means to pay, there is a risk that a client would be throwing good money after bad”.

As part of our service we can secure an assessment of the debtor's means, including obtaining a report on assets registered in the debtor’s name such as properties, against which enforcement action could be taken, if you manage to obtain a judgment against the debtor.

We have extensive experience in representing creditors in proceedings where they have secured an order granting them an interest in the debtor’s property and an order for Sale. We have dealt with difficult situations where eviction action against the debtor and the debtor’s tenants has been required, in order that vacant possession can be obtained and the property sold.

Our litigators work closely with our conveyancing department, where the solicitors have considerable experience in dealing with the conduct of property sales in these circumstances, including dealing with other creditors and accounting in terms of the sale proceeds. 

Our head of conveyancing, Laura Mather comments: “having spent a number of years with a firm on the South Coast acting for mortgagees in possession and receivers selling repossessed property, I have dealt with many situations where property is being sold to recover debts owed. At Samuels we understand that these more complex sales require a more bespoke service than regular conveyancing transactions”.

Therefore, if you have a potential debt which requires recovering we can carry out an initial assessment of the debtor’s means so that you can determine what action is viable and thereafter represent you in any subsequent claim and sale.

Contact us today to find out how we can help you recover your debt, or enforce your debt if you already have judgment.