How to get paid without going through the courts

By Farleys Solicitors LLP

16 Dec 2014

Despite the recent upturn in the economy, collecting outstanding and overdue debt is still an big problem for businesses.

By Kieran O'Connor, Farleys.

Recovering debt without any unnecessary expenditure is especially pertinent to businesses following the increase in the Small Claims limit to £10,000, which prevents parties recovering legal fees from the losing party in cases with a value below this threshold.

These three simple steps can be taken to aid in the recovery of outstanding debt:

1) Profiling:An early distinction must be made between the “can’t pay” and the “won’t pay”. It is imperative to accurately profile the debt and the debtor at the earliest possible juncture. The financial circumstances of the debtor must be considered in order to decide what the most effective course of recovery action will be. There are a variety of websites and databases available free of charge in order to carry out some highly effective initial searches.

A company can often avoid unnecessary disputes surrounding debts by ensuring that it has an effective case management system and ensuring that its Terms and Conditions are up to date with current legislation. This can offer sufficient protection in the event of late or non-payment in terms of interest, arbitration and more complex provisions such as retention of title clauses.

2) Recovery Options:How you choose to recover your debt will be dependent on circumstance but typically there are three courses of action that can be taken. A 7 day solicitor’s letter can be a useful preliminary tactic in outlining the details of the debt and demanding the payment. Should this fail and the debt is not disputed in any way, a Statutory Demand can be issued, or if necessary the commencement of court proceedings to recover the debt.

Money Claim Online is a useful tool for companies to use when issuing a Claim Form themselves, especially for debts which fall below the Small Claims limit for recovery of legal fees. Interest payments and late payment charges can be added to the debt pursuant to the Late Payment of Commercial Debts Regulations 2013. In complex debt recovery it will be necessary to instruct a specialist commercial litigation solicitor to ensure the debt is recovered.

3) Enforcement Options:Obtaining a Court judgment is the easy bit. Many companies struggle to enforce the judgement in what is often a complicated procedure. The enforcement options that are available include ; execution against goods, third party debt orders, attachment of earnings orders, the obtaining of a Charge over property, bankruptcy proceedings (if an individual debtor), and Winding up Petitions in the High Court in corporate insolvency. Be warned - insolvency based options are often expensive and complicated and should only be used as a last resort. The courts’ view often is that insolvency should not be used merely as a debt collection method, but should be used instead as a remedy for the benefit of all creditors.

Latest news

1

Burnham tells Chorley pie shop owner ‘I’m listening’ Paul

Burnham tells Chorley pie shop owner ‘I’m listening’

07 Oct 2026

2

Heritage training for construction lecturers Img 20260907 Wa0001

Heritage training for construction lecturers

07 Oct 2026

3

Planning rules change prompts council constitution update St Annes Town Hall

Planning rules change prompts council constitution update

07 Oct 2026

4

Plans submitted for college electrical workshop 4028burnleycollegenewworkshop

Plans submitted for college electrical workshop

07 Oct 2026

5

Trio of appointments at PWA Planning L Rzach Taylormatthew Mchughjake Challinor Smithmedia

Trio of appointments at PWA Planning

07 Oct 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Clubhouse Business Network sponsored by Orca Finance - October 2026
Club House Padel 08 Oct 2026

Clubhouse Business Network sponsored by Orca Finance - October 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

Neurodiversity Awareness and Support Training
09 Oct 2026

Neurodiversity Awareness and Support Training

Neuro Spark Training Solutions, Burnley , BB11 2AS

09:00 - 16:00

The Business Network Central and East Lancashire
LBV Website Events GraphicBusiness Network 2 15 Oct 2026 - 15 Oct 2026

The Business Network Central and East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Seriun Cyber Security Conference
Seriun 15 Oct 2026

Seriun Cyber Security Conference

Turf Moor, Burnley, BB10 4BX.

09:00 - 13:30

Preston Tech Connection Coworking Day
PTC Coworking Day long banner Oct.png.png 15 Oct 2026

Preston Tech Connection Coworking Day

Society1, 9-10 Cross Street, Preston, PR1 3LT

09:00 - 17:00

Blackburn Darwen Youth Zone Annual Quiz
BDYZ Quiz 15 Oct 2026

Blackburn Darwen Youth Zone Annual Quiz

Accrington Stanley FC, Accrington, BB5 5BX

17:00 - 13:46

Chamber Business Lunch with Leanne Lucas, Founder of Let’s Be Blunt CIC
Lancaster And Morecambe Logo 1 16 Oct 2026

Chamber Business Lunch with Leanne Lucas, Founder of Let’s Be Blunt CIC

Lancaster Golf Club, Lancaster, LA2 0AJ

11:00 - 14:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV129 Online Graphic
Subscribe now

Weekly news bulletin