Debt recovery

The duration of a claim from issue to trial can vary depending on various factors, such as the complexity of the case, court availability, and the court track it falls under. Simple claims in the small claims track can be resolved within a few months, while more complex cases in the fast track, intermediate track, or multi-track may take significantly longer, ranging from several months to even a couple of years. Again, specific timelines will depend on the circumstances of your case.

The cost of debt recovery can vary depending on several factors, including the complexity of the case, the track it falls under, and whether legal representation is sought. Legal costs may include court fees, solicitor fees, barrister fees, expert fees, and other disbursements. It’s recommended to consult with a law firm or legal professional to get an accurate estimate of the potential costs involved in your particular case.

In the UK, the general rule is that the losing party is responsible for paying the winner’s legal costs. However, the amount recoverable may be subject to assessment by the court. It’s important to note that the amount awarded may not always cover the entirety of the legal fees incurred during the proceedings, and some tracks only have fixed costs recovery rules. It’s advisable to discuss this aspect in detail with your legal representative to have a clear understanding of the potential recovery of legal costs.

Suing someone with no money can be challenging as it may be difficult to recover any financial compensation even if you win the case. Before pursuing legal action, it’s important to consider the practicality of enforcing a judgment against someone who lacks the means to pay. However, every case is unique, and there may be non-financial considerations that make pursuing legal action worthwhile, such as obtaining a court order or for the principle of the matter. It is recommended to seek legal advice to evaluate the feasibility of your specific case.

If you win your case but the opposing party does not pay the awarded amount, there are legal remedies available for enforcement. These may include obtaining a court order for payment, taking action to seize the debtor’s assets or income, or seeking the involvement of enforcement officers. The specific enforcement method will depend on the circumstances and the assets available to the debtor. It is advisable to consult with a legal professional who can guide you through the enforcement process and help you pursue the recovery of the awarded amount.

Please note that the information provided here is general in nature and should not be considered as legal advice. Consulting with a law firm or legal professional that specialises in debt recovery/dispute resolution / civil litigation in the UK is recommended for accurate and case-specific guidance.