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Litigation
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>>> Other Commercial Issues
Debt
Recovery
The
most efficient system of debt recovery is obviously
to ensure that debts do not arise by reason of
effective internal credit control. This is not
so easy and effective steps cannot always be taken
at the outset to prevent debt problems.
If you have an outstanding debt, do you spend
a lot of time trying to recover it? Do you think
we could help you, saving time and money? If you
do you could ask us to recover the debt for you.
We
would do this by serving a final demand allowing
the debtor usually seven days in which to pay
advising the debtor if payment is not paid in
full, together with any contractual interest,
within that time proceedings will then be issued
when there will be a claim for interest and costs.
We
would then issue the proceedings and enter judgment
if the debtor does not indicate that the debt
intends to be contested.
If the debt is contested we will obviously take
your further instructions as to how you wish to
proceed with the claim.
Once
judgment is obtained, we can then enforce it in
a variety of ways. The usual methods of enforcement
include requesting a bailiff to seize goods to
satisfy the judgment debt, obtaining a charging
order over the debtor's property and subsequently
forcing a sale if necessary, obtaining a garnishee
order which, in practice usually means taking
monies which the debtor is owed, or obtaining
an attachment of earnings order if the debtor
is employed which effectively means that payments
will be sent to us by his employers, being deducted
directly from the employers wages or salary.
We
will also consider with you whether a more effective
method of enforcing a debt would be by way of
the commencement of bankruptcy proceedings in
the case of an individual or partnership or winding
up proceedings in the case of a company.
If you have little or no knowledge of a debtor's
circumstances we may suggest that an application
should be made to the court for an oral examination.
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'Debt
Recovery' factsheet
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Commercial
Litigation
Business
clients can find themselves involved in a dispute
with customers or other businesses over a whole
variety of matters, particularly contractual issues.
Sometimes proceedings will need to be taken or
defended. We can provide advice and act in any
necessary proceedings for you in these cases.
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Licensing
For
those clients who have to consider the law relating
to liquor, betting and gaming licences in relation
to their businesses, there are many pitfalls.
We can advise you on all aspects of Licensing
Law and deal with any necessary Court or other
Applications as required. This a very specialist
area of the law and it is vital that our clients
get it right to ensure compliance.
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