Debt Collection and Judgments Overview

The process of recovering payment for a debt owed to a client by a debtor.

The legal process of taking steps to ensure payment of a debt.

A legal document that allows a creditor to seize a debtor's assets to pay off a debt.

A court-ordered payment plan where the debtor makes regular payments until the debt is paid off.

A legal process where a creditor can obtain money owed to a debtor from a third party (e.g., employer, bank).

A legal process where the debtor agrees to pay the debt in installments.

A legal document where the debtor agrees to pay a debt in installments.

A legal process that allows a debtor to propose a payment plan to settle the debt and protect themselves.

A legal document served to a debtor demanding payment of an overdue debt. It signifies the start of legal action to recover the debt.

Interest charges applied on a debt from the time of issuing a summons until the court delivers its judgment.

Interest calculated and charged on the remaining debt after a court judgment, until the debt is fully paid.

A fee charged by a debt collector for their services in recovering a debt.

A legally binding agreement between a creditor and debtor outlining the terms of the debt, including whether interest is payable.

The maximum rate of interest that can be legally charged, usually set by law.

The legal process that allows creditors to claim interest on a debt, even if it wasn't specifically agreed upon in a contract.

A court order that compels a debtor to pay the debt in installments, instead of a lump sum.

The number of days a defendant has to appear in court and respond to a lawsuit.

The address where a person agrees to receive legal notices, documents, and summons. It can be their home or a business address.

Delivering a copy of a legal document, like a summons, to the other party in a lawsuit.

Giving the original document to the court clerk for official records and proceedings.

The person with primary control and responsibility in a lawsuit or legal proceedings.

The stage in a lawsuit where the arguments from both sides are prepared, and the court knows what needs to be decided.

A letter demanding payment or resolution of a problem before legal action is taken. It's usually the first step in debt collection.

A client's file should include: client name, plaintiff name, defendant name, reference number, type of matter.

The officer responsible for carrying out the warrant and taking possession of the debtor's assets.

The process of selling a debtor's seized assets at an auction to repay a debt.

Essential items, tools, and equipment of a debtor that are protected from seizure during a judgment.

A legal document stating that the sheriff couldn't find any movable property to seize during a judgment.

A court order that allows a creditor to sell a debtor's immovable property (like a house) to pay off a debt.

The debtor's inability to pay off their debts, potentially triggered by a Nulla Bona return.

The official who keeps records of property ownership, including mortgage information.

When a creditor wants to collect on a debt, they can apply for a court order that allows them to seize and sell a debtor's property (like a house) to cover the debt. This is a serious legal action that can have significant consequences for the debtor.

If a third party claims ownership of property that is being seized in an auction to pay off a debt, they can make a claim. They need to provide evidence that the property belongs to them, like receipts or other documents. This helps ensure the right owner gets their property back.

A legal document used when a third party is holding money or property that's involved in a dispute between two other parties. This document asks the two parties to settle their dispute in court, freeing the third party from holding the property.

When a creditor seeks to seize a debtor's property, it is listed in an inventory. This inventory is attached to the document showing the property's seizure. The property stays seized until it's sold at an auction or the parties agree to release it.

Before a house (immovable property) can be seized, a legal warning (caveat) is placed on the property's title deed. This prevents the house from being sold or transferred to someone else until the debt is resolved.

The consequences of a debt collection process can significantly affect a debtor's property rights, potentially leading to the loss of their home or property. The law aims to balance protecting the debtor's rights with allowing creditors to recover their losses.

The process of selling a property at an auction to get the money back, often used by creditors when debtors don't pay their debts. The money from the sale goes toward paying off the debt.

When a creditor wants to seize a debtor's property, they must instruct the sheriff in writing to proceed with the sale of the property. This usually happens after the sheriff has seized the property and the 14-day period for debtors to respond has passed.

A court order allowing a creditor to take a portion of a debtor's salary or wages to pay off a debt.

A legal process where a judgment from one Magistrate District is transferred to another.

A document that includes the details of a judgment, such as the creditor, debtor, amount owed, and date of judgment.

A judgment from the High Court can be transferred to a Magistrate's Court, even if the amount is higher than usual, to save costs and free up High Court resources.

Agencies that help locate debtors who have moved to a new address without informing their creditors, for a fee.

A Section 65 enquiry can only be conducted at the court where the debtor lives, works, or runs their business.

A Section 65 Order is related to debt collection.

A County Court Judgment (CCJ) is a court order in England and Wales that compels a debtor to pay a debt.