Debt Recovery

Key Information

Start with the Basis of the Debt and Prospects of Recovery

Before demanding payment, it is necessary to establish who owes the money, the legal basis of the obligation and when payment fell due. Evidence of funds transferred, goods delivered or services provided, partial payments and agreed extensions must be checked separately. An invoice alone does not explain all the circumstances of a dispute.

We consider enquiries from private creditors, entrepreneurs and companies, including banks, financial institutions, insurers and leasing businesses. Assignments may concern loans, credit and commercial agreements, unpaid financial obligations, judgments and international commercial arbitration awards. Acceptance depends on the documents, the jurisdiction and whether there are any barriers to representation.

The legal merits of a claim and the practical ability to recover money are assessed separately. Even an established debt can be difficult to collect if no assets are available or insolvency proceedings are under way. It is therefore important from the outset to weigh the expected result against the costs of each stage.

Reviewing the Documents and Calculation

We review the contract, schedules, supporting business records, correspondence and payments. We check the principal sum claimed and the basis for any additional charges. If a financial expert assessment is needed, its scope and the specialist’s involvement are agreed separately. A numerical calculation does not replace an assessment of the legal basis of the claim.

We establish whether the debtor acknowledged the debt, challenged the quality of performance or raised counterclaims. Terms governing applicable law, courts or arbitration, notices and agreed deadlines may be important. In disputes between companies, we also assess whether support is needed for the wider commercial dispute.

Negotiation and Pre-Action Resolution

We prepare a reasoned demand, agree how it will be served and negotiate where appropriate. If the debtor offers instalments, we assess the proposed schedule, acknowledgement of the debt and provisions for a further default. An extension or instalment arrangement should not be formalised without considering the consequences for the creditor.

Pre-action work is useful where there is a realistic prospect of agreement. However, waiting for a response must not replace checking the deadlines for pursuing legal remedies. We assess the value of negotiations alongside the need for procedural steps, taking account of the documents and circumstances of the particular enquiry.

Court Proceedings and Interim Measures

If payment is not made voluntarily, we identify the available procedure and prepare the agreed documents. Where grounds exist, we consider applications to secure the claim and prevent the disposal of assets. Freezing accounts or attaching real estate, vehicles or other property is not an automatic consequence of instructing a lawyer: the relevant decisions are made by the competent authorities.

Information about the debtor and their assets is gathered lawfully. We do not promise access to restricted data, coercive action or an unconditional travel restriction. If the contract contains an arbitration clause, we examine its effect and the availability of international arbitration.

Enforcement and Debtors Abroad

After a judgment or award is obtained, work may continue at the enforcement stage: preparing documents, liaising with the authorised enforcement officer, monitoring action and addressing obstacles. The availability of a private enforcement officer depends on the country and type of case. Legal support does not replace the enforcement officer’s statutory powers.

If the debtor or their assets are abroad, we establish where action is appropriate and which rules apply to the judgment or award. Recognition and enforcement of foreign judgments or arbitral awards cannot be reduced to a single universal procedure. The need for translations, local representation and additional documents is assessed for the particular country.

What the Creditor Should Provide

Send the contract and schedules, evidence that you performed your obligations, payment details and a calculation of the outstanding sum. Include demands, the debtor’s replies, agreements on revised deadlines and details of any proceedings already started. For a judgment, provide the full text and available enforcement documents.

Provide the debtor’s known details and the country where assets may be located. Distinguish established facts from assumptions. For example, information about the sale of an asset should be accompanied by its source. If few documents are available, you can begin with legal advice about the evidence and next steps.

Agreeing Stages and Costs

Following our review, we identify the first task: assessing the claim, negotiating, preparing an application or assisting with enforcement. We agree fees, the scope of representation and progress reporting. Court fees, translations, expert reports and local professionals’ costs are discussed separately.

Timescales and outcomes depend, among other things, on the debtor’s position, the evidence, the workload of the relevant authorities and assets available for enforcement. We do not promise recovery of the full amount within a fixed number of days. Before work begins, it is important to understand both the available remedies and their practical limitations.

Tell us promptly about new payments or proposals from the debtor so that the amount claimed and subsequent steps reflect the actual outstanding debt.