Category: Articles

So you have been awarded a Judgment, what types of legal enforcement are available to you?

When a Judgment is awarded, legal enforcement is granted to collect the outstanding balance owed by the debtor.

This article’s purpose is to enlighten you on the various options and methods of enforcement that are available to you. This article is for guidance only, and we can put you in touch with one of our panel of solicitors who will be happy to help.

Sheriff

• This is the most popular and usual option.
• The warrant lasts 12 months.
• There are never any guarantees of recouping your money, so if the debtor has a lot of things on finance or nothing in their now, this may not be appropriate.
• The sheriff is also sometimes able to negotiate payments, collecting them on a repeat basis.

Attachment of Earnings Order

• If the debtor is in gainful employment, we can apply for an attachment of earnings order. This is where the court will work out what should be paid and take that amount from the debtor’s wages on each payday.
• Unfortunately, if the debtor leaves or changes employment then the order lapses.

Order for Questioning

• This form of enforcement is not one which will directly get you repayment, but it is a way of obtaining more information from the debtor.
• This information can help you decide whether it is worthwhile taking an enforcement step; and if so, which of the methods available is most likely to get you your money.

Charging Order

• If the debtor owns a property, either in their sole name or joint with another, you can apply for a charging order over the property. This can result in an order for sale being made by the court.

Third Party Order

• If you have the belief that the debtor has money but is holding it back, or that they are due to be paid some money which would cover the debt, you can apply for a third-party order. This allows you to take the money that the debtor owes directly from whoever is holding the money.
• Usually, it is the bank or building society that is holding the debtor’s money. However if the debtor is due to obtain a lump sum of money, such as a redundancy settlement, an inheritance or insurance policy pay out, you could get the holder of the money to pay the money to you instead.
• In order to go through with this type of enforcement, you will need to know the details of where the money is being held, for example: the bank account, employer, solicitor or insurance company.

Please note that each of these options come with their own costs and fees. If you would like to know more about these fees or anything else in this article, contact us.

Published: 27th July 2023

Commercial Debt Collection – What’s the process?

This article concentrates on the recovery of commercial debts. Every debt for each client is dealt with in a unique and personal way, however there is a baseline procedure which is followed on each type of debt. This article will outline the process our no win no fee collection of commercial debts.

1 – Pass the information

• Of course, to be able to begin collections, we need any information regarding the debt and the debtor. These details can be submitted online or by email by asking for and returning our instruction form.
• Any information that you would deem useful for us to make the necessary collections should be sent.

2 – The First Letter

• Upon uploading the debt to our system, we will send a Letter Before Action. This is a letter of legal requirement which consists of all the debt information, including the outstanding balance, and the date when the payment must be made.
• After a period of time (14 days for limited companies), late payment fees will begin to be added to the original commercial debt, with optional additional late payment interest of 8% above the bank base rate which can be added – more information on this can be found on the Government Website.

3 – Contact Attempted

• Scott & Mears will make attempts to contact the debtor to negotiate a payment or payment plan up until the payment deadline given.
• Should no contact, agreement or payment be made, you can choose to go through legal proceedings which have additional charges.
• We have a panel of solicitors who offer our clients preferential rates to deal with legal action.

4 – Issuing a Claim

• Legal proceedings begin with issuing a claim via the County Court Money Claims Centre. We offer our support in drafting and issuing a claim where additional fees will apply.
• Once issued the debtor has 14 days to reply.

5 – Requesting Judgment

• If there is no response or the claim is admitted, we are able to request a County Court Judgment which is registered against the debtor.
• Should Judgment be awarded, enforcement can occur to collect the outstanding monies. It will also show on the debtor’s credit file for 6 years.

6 – Enforcement Options for Commercial Debt

• Once a Judgment has been awarded, legal enforcement is granted to collect the outstanding balance owed by the debtor.
• If you would like to find out the enforcement options available to you, visit our Enforcement Options Blog Post.

If you require any further information, please do not hesitate to call us on 01702 466 300, or send us an email on enquiries@scottandmears.co.uk.

Published: 10th July 2023

Many people assume using a debt recovery agency is a last resort.

That’s not always the case!

In reality, debt recovery can be a strategic tool to improve cash flow, protect brand reputation, and free up valuable time. Businesses often involve professional debt recovery services early in the collections process, whether to resolve invoice disputes, trace missing debtors, run credit checks, or provide outsourced credit control.

By using a professional third-party sooner rather than later, you can keep cash flowing into your business and avoid the strain of prolonged late payments.

Trained Experts Who Protect Your Brand

The UK debt recovery industry is now heavily regulated by the Financial Conduct Authority. That means reputable agencies must follow strict guidelines when dealing with customers, protecting both their own reputation and yours.

Expertise – Access highly trained debt collection professionals who know how to achieve results quickly and compliantly.

Brand protection – Modern recovery methods are respectful, compliant, and tailored to preserve client relationships.

Continuous training – Leading agencies invest in ongoing staff development, monitored calls, and compliance checks.

In many cases, agency staff have more specialised experience than a typical in-house finance team.

The Benefits of Professional Debt Recovery

1. Improved Cash Flow
   • Keep money coming in so you can reinvest in your business.
2. Time Savings
   • Reduce time spent chasing invoices and focus on growth.
3. Problem Solving
   • Overcome disputes and dead-ends with expert intervention.
4. Reduced Stress
   • Minimise the frustration and uncertainty caused by late payments.

A professional debt recovery agency doesn’t just chase debt, it strengthens your financial position, safeguards your reputation, and gives you back control over your time and cash flow.

Need help recovering unpaid invoices? Contact Scott & Mears today to see how our regulated, results-driven debt recovery services can help.

Published: 15th February 2023

Updated: 14th August 2025