Enforcement of Outstanding Payments for Business

In the world of business, outstanding payments can often become a challenge, impacting the financial health of your organisation. Debts can arise from various scenarios, such as unpaid invoices, breached contracts, or defaulted payment plans. Once you have been through the debt recovery process and a judgment has been issued, it can be frustrating if payment is still not forthcoming.

Our Debt Recovery Solicitors are here to assist you with enforcement options, offering our tailored advice to address the unique complexities of debt recovery. We explain below the various ways that enforcement can assist in recovering debts owed to you; to discuss your situation in detail with a member of our Debt Recovery department, contact us today.

Enforcement Measures for business

On success of a debt recovery claim it is possible to enforce the outcome in a number of a ways:-

Injunctions – Injunctions play a crucial role in securing compliance and resolving financial disputes. These legal mandates, issued by the Court, compel businesses to either perform specific actions or abstain from particular behaviours. The versatility of injunctions allows for their application in diverse scenarios.
Bailiffs – We can instruct the County Court Bailiffs to recover monies or goods owed to you with the primary objective being to secure full payment.
High Court Enforcement Officers – These officers, equipped with greater powers than Bailiffs, aim for successful recovery of the monies owed, inclusive of associated costs and their fees, which are all recoverable directly from the debtor. In the event of non-payment, these officers possess the authority to seize goods for subsequent auction, leading to the settlement of the outstanding debt. High Court Enforcement Officers bring a higher level of authority and capability to the debt recovery process for businesses. Their augmented powers contribute to a more robust approach, increasing the likelihood of successful recovery and ensuring that all aspects of the owed debt, including costs and fees, are diligently addressed.
Third Party Debt Orders – These Orders effectively 'freeze' a bank account temporarily, with a subsequent Court Order compelling the bank to release funds directly to you for the purpose of settling the debt. Notably, if the bank account lacks sufficient funds, the Court may choose not to issue the Order, or if issued, it may come with the understanding that the released funds may not fully satisfy the debt.
Attachment of Earnings Order – This method of recovery is generally used against individuals who are employed, opposed to business to business debts.
Charging Order – This Court Order effectively secures the debt against the property owned by an individual or company. In the event of a future sale or re-mortgaging of the property, you, as the creditor, are positioned to be repaid for the outstanding debt. Crucially, in cases involving substantial debts, the Charging Order can be utilised to obtain an Order for Sale. This legal manoeuvre compels the sale of the property, with the ensuing proceeds dedicated to settling the debt.
Winding Up Order – this is a form of bankruptcy but against companies only. A Court Judgment need not be obtained first but there must be an undisputed debt in excess of £750. A statutory demand can be served first on the company and if payment is not received and the company do not apply to Court to have the demand set aside a Winding Up Petition can be issued.

Contact our Enforcement Solicitors

Ensuring outstanding payments are made will be vital towards your cash flow and the productivity of your business. Our Debt Recovery Solicitors have years of experience in collaborating with business from various industries and different sizes to lead to swift payment, allowing you to focus on your business operations and minimise any disruption. If you are seeking advice about recovering a debt or how we can support you with enforcement options, contact one of our offices in Andover, Romsey, Salisbury, Totton and Witney by using the Contact Form, emailing info@parkerbullen.com or calling your local office: