Our Legal Services
Divorce and Property Rights
Wills, Probate & Disputing Wills
Asset Protection & Family Trusts
Compensating Victims of Crime
It is not always easy to persuade people to pay money they owe you. We have a four stage strategy for doing this.
Stage 1 – Legal Letter of Demand
The first step we use is to forward a letter of demand threatening legal proceedings if payment is not made. Often when people receive a solicitors’ letter they will realize you are serious about being paid and may then contact you or us to discuss payment.
Stage 2 – Commence Legal Proceedings
The purpose of legal proceedings is to put pressure on the other party to give you what you are seeking. Sometimes it is necessary to begin the legal process to force the other party to respond.
Once the matter has started in Court there is always the opportunity to negotiate and reach an agreement. In fact the great majority of cases that start in Court end up being sorted out by mutual agreement.
For many claims however without taking the step of starting legal proceedings the case might never be resolved as the other party may feel no incentive to deal with the matter.
Stage 3 – Going to Trial
If a case can not be sorted out by agreement then it may be necessary to have your claim decided by the Court at a trial particularly if the other party claims they have a defence to your claim. We are experienced in trial work and understand that the key to success in court hearings is thorough preparation.
Occasionally the only way to enforce your rights is by trusting the courts to determine your case and order the other party to pay you what is owed together with an amount towards legal cost and interest.
Stage 4 – Enforcement of Court Judgment
Even when the Court orders the other party to pay you they may not always do this straight away. If this happens it may be necessary to enforce the judgment, that is, use the various options the court allows to compel the other party to pay what is owed.
This can include requiring the other party to attend Court to give a list of all their assets, having the Sheriff seize and sell these assets to pay you or even selling up property such as real estate to pay you. In some case it may even be appropriate to consider proceeding to bankrupt the person if they simply refuse to deal with their obligations.
Costs of enforcement steps together with penalty interest calculated daily are added to the debt.
We have experience in dealing with these matters quickly and efficiently, and are happy to discuss this with you whether you are owed money or are being chased for money you claim you do not owe to the other person.