Enforcement & Insolvency Law
Holding a debt on paper and actually recovering it are two very different things.
Overview
Holding a valid instrument or a court judgment does not, of itself, bring the creditor payment; turning a right into money depends on choosing the correct route and monitoring the time limits closely. On the debtor's side, a timely objection to an unfounded or excessive proceeding is often the only effective defence.
The firm conducts the file as a whole, acting for creditors and debtors alike, from the commencement of proceedings through to recovery or the conclusion of an insolvency. The aim is to secure the creditor's right by the shortest route while protecting the debtor against unlawful demands.
Scope
Points to Note
The points that most affect the outcome in this area, and are most often overlooked.
Enforcement with judgment, without judgment and on negotiable instruments each have their own periods and objection procedures. A proceeding started on the wrong route may have to begin again, however well founded the claim.
The period for objecting to a payment order is short; once missed, the proceeding becomes final. Monitoring service of documents in time is therefore decisive.
Where a debtor may dissipate assets, a precautionary attachment obtained before the action or proceeding is the most effective way of preserving the prospect of recovery.
Other practice areas
You may request an initial meeting by telephone or email, and bring the relevant documents with you.
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