Debt Recovery Glossary
Acknowledgment of Service
the process by which the Defendant tells the Court that he has received the Court papers setting out the claim
Sent out by the court to each party to complete and return. The court will then allocate the claim to a track. A lodgement fee may be payable
Attachment of Earnings
Order granted by the court whereby monies are deducted from the debtor’s wage at source and are sent to the creditor
Officer of the County Court who will try to enforce Court Judgments against a debtor
the process by which control of a company, which owes debts which they cannot pay, is taken over by a person who sells their assets to pay the debts
A decision made by the Court in favour of either party
Order obtained by the Judgment creditor over the debtor’s property usually land. It prevents the debtor from disposing of the property without the consent of the judgment creditor
Civil Procedure Rules
The rules that govern how a claim proceeds to trial
Document obtained from the court which sets out the brief details of the claim and who you intend to sue
the process of taking a case to court which involves companies
Contempt of Court
Anything that disregards the authority of the court. It can be punishable by imprisonment
If the defendant feels he has a claim against the Claimant then he will bring a counterclaim against him within the same set of Court proceedings
a local court which deals with cases including debt claims. All but the largest claims are brought to the County Court.
fees which are charged by the Court for undertaking certain actions such as making an Application or issuing a claim.
when a court receives a claim they will allocate it to a track which will tell them how to manage the claim. This will depend on how much and how complicated the claim is. See Small Claims Track, Fast Track and Multitrack.
Somebody who is owed a debt
Somebody who owes a debt
the same as summary judgment
a claim in which the Defendant has chosen to argue against the allegations made by the Claimant and put forth these arguments in a Defence.
Timetable set by the Court, i.e. exchange of witness statements, trial date
a hearing at which a Judge will discuss with both parties what directions to set to govern the progress of the case
the process by which a Judgment Creditor pursues a Judgment debt against the Judgment Debtor. There are a number of ways to enforce a Judgment including instructing Bailiffs or Sheriffs or obtaining a third part debt order or a charging order.
the Court will normally allocate any simple claim which is above £5,000 but below £15,000 to the fast track. The Court will make more directions then in a small claims track matter which the parties need to obey regarding releasing information to each other and the Court.
Only applicable in the small claims court, the amount of legal fees recoverable against the Defendant if successful is currently limited to £80.00 plus court fees
A court order instructing a garnishee (a bank) that funds held on behalf of a debtor should not be released until directed by the court.
where a person or company does not have enough money or assets to pay their debts
A person who acts on behalf of a company as its liquidator or on behalf of an individual in their bankruptcy
A preliminary order given by a court until a final decision is made
A decision made by the Court in favour of either the Claimant or the Defendant.
The person in whose favour a Court Judgment is made
The person against whom a Court Judgment has been entered
The authority of a court to make and deal with legal decisions
Late Payment Compensation
A flat fee payable by a commercial debtor to a commercial creditor, on top of a debt, in recompense for the late or non payment of that debt
Letter Before Action
an old term for a Letter of Claim (LoC).
Letter of Claim and LoC
A formal letter sent to a debtor which warns that unless payment is made within a set number of day's legal proceedings will be started against them. The letter gives details of the debt. Legal proceedings should not be started without this letter being sent.
anything a person or company is legally responsible for. Often anything that a person or company owes
The winding up of a company
Questionnaire completed to assist the court in listing to matter for trial
the Court will normally allocate any claim over the amount of £15,000 or any very complicated claim to the Multitrack. The Court will make detailed directions which the parties need to obey regarding amassing and releasing information to each other and the Court and may hold case management conferences to oversee the progress of the case.
Notice of Discontinuance
The ending of proceedings before judgment is obtained
Officials appointed by the court to act as interim receivers and managers of bankruptcy estates
Debtor is required to attend the court to be questioned about their financial circumstances by a Court Official in order to assist a Judgment creditor in determining the next cause of action in enforcement.
Order for Sale
An order made by the court forcing the sale of an asset usually a house
Particulars of Claim
Document setting out in greater detail the allegations against the Defendant which is filed at Court along with the Claim Form
Has priority when funds are distributed following a company being wound up or a person being made Bankrupt
An individual who is instructed to serve usually legal documents upon a person or company. They are often used to ensure that documents have been received
Statement served by the Claimant in response to the Defence and /or counterclaim
Request for Judgement
an application made to the court by either party to have a Judgment (see definition) issued against the other side
A creditor who has some security for their debt usually a mortgage
Service of Claim
making sure that the legal papers which constitute your claim are given to the Defendant so that they are aware that the claim is proceeding against them.
The end of a dispute usually either by payment of the debt or on terms agreeable by both parties
Officer of the High Court who will try to enforce Court Judgments against a debtor
Small Claims Track
the Court will normally allocate any simple claim under the amount of £5,000 (which does not include a personal injury) to the small claims track. The Court will make minimal directions which the parties need to obey regarding releasing information to each other and to the Court.
A demand served upon a debtor requesting payment within 21 days failing which the creditor can apply to the court for a winding up petition or Bankruptcy order
Summary of Judgement
Claimant entering judgment without the debtor filing a defence or if the Court believes that the debtor has no arguable defence
Any person other than the two principles in the claim i.e. the creditor and debtor
Third Party Debt Order
The transfer of a debt from the debtor to a third party usually the debtor’s bank or building society if the debtor is in credit. A court order will require the bank or building society to pay the debt form the credited funds
the weeks during which a trial will be scheduled to go ahead at the earliest available date
A creditor who has no security over their debt and will only be paid once all the preferential creditors have been paid
Warrant of Execution
A document issued by a County Court to allow a bailiff to seize and sell goods belonging to a debtor.
The bringing to an end of a company discharging as many debts as possible in the process
An order issued by the court
Writ of FiFa or Writ of Execution
A document issued by the High Court which allows a sheriff to seize and sell goods belonging to the debtor
Whatever your legal query, Franklins Solicitors have the know how to help guide you through the maze of life.