Debt Advisory Lawyers, Liverpool
If a business informs you it is taking you to court over a commercial debt, having the support of experienced Debt Recovery Defence Solicitors can give you peace of mind at this stressful time and protect your business from financial and reputational harm. Here, our lawyers offer guidance on what will happen if a business takes legal action against you.
If your business is the subject of a court claim for debt, Three Graces Legal are on hand to provide expert advice and representation when you need it most. We will always fight for your best interests. Contact us today to discuss your circumstances.
What legal action can creditors take?
Before a creditor can make a court claim, they must send you a formal letter requesting that you pay the outstanding amount. The letter must fulfil specific requirements, which are different if you are a business or a sole trader. The letter will set out the details of the debt and provide you with a set period in which to make payment, failing which court action will be initiated. If you do not respond to the letter or your creditor is unhappy with the response, they can make a court claim.
How should I respond to a court claim for money?
If you receive a court claim for money, you must respond by the date specified in the letter or email – usually 14 days. If you do not, your creditor may be able to apply for a County Court Judgment (CCJ) and take enforcement action to recover the debt.
After you have received notification of the court claim, you can either:
- Pay the full amount
- Pay what you believe you owe
- Defend the claim (if you do not think you owe any money or if you have already paid)
How do I defend a claim?
You can either fill in the Defence form or – if you need more time – file an Acknowledgement of Service, which gives you an extra 14 days to submit your response.
The Defence form gives you the chance to explain why you do not owe the debt, or why you do not believe the creditor has the right to take court action over the debt you owe. You should set out which points of the court claim you deny or dispute.
When defending a claim in the County Court, there will be more paperwork to complete, and a hearing may be arranged to allow the Court to make a decision.
Defending a claim can be complicated. Our solicitors can help you complete and submit your Defence form and provide expert representation at a hearing, if this follows, to give you the best chance of a successful outcome.
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