Arbitration / Mediation / Litigation

Debt Recovery Through The Courts

By Claire Sandbrook
Sweet & Maxwell U.K. December 2008

Specifications

ISBN-13
9781847032560
Publisher
Sweet & Maxwell U.K.
Publication
December 2008
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The new 1st edition of Debt Recovery through the Courts guides you through the various processes of obtaining money, from the initial stages of debt recovery through to the action itself.
 

  • Explains how the techniques of civil litigation and insolvency can best be used to obtain the payment of sums of money which are owed
  • Provides guidance from the preliminary stages before an action is commenced through to the various options and procedures available for the recovery of money
  • Includes extracts from the relevant legislation and examples of the various court orders and forms
  • Looks at the actions that can be taken for the interim preservation of assets
  • Covers County Court and High Court procedure
  • Includes analysis of the Consumer Credit Act 2006 and claims to be taken through the claim process under the new legislation
  • Covers insolvency and its place in debt collection procedures
  • Looks at the strategy for enforcement and anticipates the impact of the Tribunals Courts and Enforcement Act 2007 as well as giving practical advice on the various methods of enforcement including using Warrants and Writs, Third Party Debt proceedings, Charging Orders and Orders for Sale and Attachment of Earnings
  • Forms a companion volume to Enforcement of a Judgment by the same author
  • Includes a commercial debt action case study, flow diagrams and completed court forms

Table of Contents

  • Credit management as a prelude to debt collection
  • The regulatory environment for the recovery of debt
  • The basics: know your contract, know your debtor, know your remedy
  • The cost of recovering a debt
  • Preparing a debt claim
  • Issuing a court claim to recover a debt
  • Handling the debtor's response to a debt claim
  • Managing a defended debt claim
  • Making an application to set aside or vary an order
  • The enforcement arena
  • The role of information hearings in debt claims - CPR part 71
  • Third party debt orders - CPR part 72
  • Charging orders and orders for sale - CPR part 73
  • Using warrants and writs - CPR schedules 1 and 2
  • Attachment of earnings orders - CPR schedule 2
  • Enforcing judgements with a foreign element - CPR part 74
  • Other methods of enforcement
  • Insolvency procedure: their place in debt collection
  • Court forms
  • Flow diagrams
  • Case study for a commercial debt claim
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