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

Chamber chief to step down Miranda Barker

Chamber chief to step down

23 Jun 2026

2

Loom Loft makes Growth 100 list Loom Loft team

Loom Loft makes Growth 100 list

23 Jun 2026

3

Green light for Longton homes scheme Story Homes plans

Green light for Longton homes scheme

23 Jun 2026

4

£23m housing scheme to open this summer St Martins Court Lancaster

£23m housing scheme to open this summer

22 Jun 2026

5

Digital future for Preston's iconic phone boxes The phone boxes

Digital future for Preston's iconic phone boxes

22 Jun 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
LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Preston Freelancer Meet-Up: June
June Freelancer Square.png.png
LBV Hub Networking
24 Jun 2026

Preston Freelancer Meet-Up: June

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 12:00

How to manage grievances…with confidence
Logo.jpg.jpg
LBV Hub Seminars
24 Jun 2026

How to manage grievances…with confidence

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

Cyber Crime Awareness Event
Logo.jpg.jpg
LBV Hub Seminars
24 Jun 2026

Cyber Crime Awareness Event

Morecambe Golf Club, Morecambe, LA4 6AJ

13:00 - 16:00

How can smarter employee benefits reduce costs and improve staff retention?
Screenshot 2026-05-20 100211.png.png
LBV Hub Roundtables
25 Jun 2026

How can smarter employee benefits reduce costs and improve staff retention?

Forbes Solicitors , Preston, PR5 6AW

08:30 - 10:00

NO Rackets Required - The Ultimate Padel Party
Crowdfunder.png.png
LBV Hub Social
26 Jun 2026

NO Rackets Required - The Ultimate Padel Party

Pendle Padel Club, Nelson, BB9 5SR

16:00 - 00:00

How hackers target SMEs - and how to protect your business
Lancashire_gamesdesign_Feb26-2120.jpg.jpg
LBV Hub Seminars
02 Jul 2026

How hackers target SMEs - and how to protect your business

Engineering Innovation Centre, Preston, PR1 2XS

09:30 - 11:30

Chamber Breakfast Networking - July
LBV Hub Networking
02 Jul 2026

Chamber Breakfast Networking - July

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

The AI Lab: Marketing Multiplier
Event post 03.07.png.png
LBV Hub Seminars
03 Jul 2026

The AI Lab: Marketing Multiplier

Door4, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:30

Chamber Summer BBQ
LBV Hub Social
09 Jul 2026

Chamber Summer BBQ

The Borough , Lancaster, LA1 1PP

17:30 - 20:00

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin