Debt Collection
At Kemple Gormley Solicitors, we have a dedicated debt recovery team who can assist you to recover unpaid monies that are due to you. We act on behalf of a number of clients in respect of collection of outstanding debts and we have a high success rate for those clients.
With considerable debt recovery experience, the team at Kemple Gormley Solicitors have both the skill and expertise to deal with your debtors in an effective and efficient manner. Once you decide to engage our services, we will be the direct line of communication for the debtor from commencement of proceedings to enforcement of judgment.
Alternatively, in the event your debtor concedes to repayment of their debts prior to judgment, we will coordinate payment plans and draft settlement agreements. This ultimately relieves you of the time wastage associated with unsuccessful debt recovery attempts.
Other benefits of engaging our services include:
Regular case progress updates will be prepared as frequently as you require;
Online access to our client log in area where you can see what is happening with your case/ cases;
Competitive debt recovery professional fees;
Adaptability to last minute instructions. Kemple Gormley Solicitors are flexible in relation to our clients’ needs and are mindful of matters that require a higher level of urgency.
Debt Recovery Procedure
Letter of demand
The first step is to send a 7-day letter to the debtor outlining the sum owing and requesting payment in full. Failing payment, proceedings will issue. Often this letter alone is sufficient to prompt payment or contact from the debtor.
Issue of claim notice, civil bill or summary summons
Depending on the sum owing, the appropriate court document is issued. Each court has its own jurisdictional limit:
Once issued, the document is served on the respondent/defendant. They then have a set period to file an Appearance and Defence. If no defence is entered, judgment can be obtained. If a defence is filed, the matter proceeds to hearing.
Enforcement of judgment
Once judgment is obtained, a number of enforcement options are available:
Register the judgment
Published in trade gazettes and appears on searches — affects the debtor’s ability to obtain a mortgage.
Sheriff
The decree is sent to the Sheriff for execution against goods. The Sheriff contacts the debtor and may seize goods if payment is not made.
Instalment application
An Examination Summons is issued before the local District Court. The debtor files a Statement of Means and may be ordered to pay by instalments.
Judgment mortgage
If the debtor owns property, the judgment can be registered as a mortgage. Proceedings for sale of the property may follow for substantial sums.