Whatever your business, whatever your industry, enforcement agencies can provide an effective method of collecting your commercial debts. Here I explain why, as well as how you can start proceedings and what happens if the debtor fails to make payment against the judgment.

Enforcement agencies with High Court Enforcement Officers (enforcement officers that authorised by the Ministry of Justice) have the ability to seize and remove goods belonging to a debtor when enforcing County Court or High Court judgments. Some businesses may even consider the process of obtaining judgment against debtors as just another method in a credit control strategy - this is encouraged by some enforcement agencies, like Burlington Group for example. Because, unlike some agencies, they do not deduct commissions from the amount they collect, using Burlington, for instance, to help you obtain and enforce judgment can be a very effective, cost-neutral method of recovery. Using the courts to recover outstanding debts is sometimes considered a last resort but the process of obtaining judgment has become much more streamlined in recent years, especially with the development of HM Courts and Tribunals Service's Money Claim Online service. The service allows creditors (or their solicitors) to issue a claim by inputting details online. The court service then proceed to process the claim. Many judgments are obtained without the need for trial and extensive legal costs.
How do I start legal proceedings and how long will it take to get judgment?
Most solicitors specialising in Debt Recovery will operate a fixed-fee service for issuing proceedings. If you want to minimise outlay, you might want to consider using the government Money Claim Online service. Using the online service can save on court fees (for example, issuing a claim for five thousand pounds can cost as little as one hundred pounds if the claim is not defended). If the claim is not defended, judgment can be obtained in as little as 14 days from the date of issue. You may find that the Defendant makes payment in the process and the debt is resolved.

What happens if the debtor fails to make payment against the judgment?

In such cases, you will need to consider options for enforcing the judgment. High Court Enforcement Officers can obtain a writ on your behalf and seize and remove goods belonging to the Defendant if payment is not made. When enforcing a judgment awarded in the County Court or obtained using the Money Claim online service, we will need to transfer the judgment to the High Court before the enforcement agency can enforce it. The transfer process can take anything up to two weeks, but may be quicker. Once they have permission to enforce the judgment, the enforcement agency will obtain a High Court writ. This will usually take no more than 3-4 days. Once they have received the writ, they can make an immediate attendance. If the debtor is able to make payment, the agency will usually be in a position to remit payment to their client within 2-3 weeks. If they are required to remove and sell goods or to enter into a payment arrangement, the process can take a little longer.
If you have found this useful and want to know more such as what the enforcement agency do once instructed, how much it will cost and how you instruct the agency then check out this useful resource on Recovering Commercial Debts, on the Burlington Group website.