We have a range of Dispute Resolution Guidance Documents available to assist both individuals and organisations through procedures they may be facing for the first time. This month, find out about the process of issuing a claim at Court, and checking if a debtor has assets in order to pay a judgment debt.

Before issuing a claim at Court

If you have been unable to resolve your dispute, you may be left with no other option than to issue formal Court proceedings to recover the losses you’ve suffered, or the monies you’re owed. However, before setting out on the formal Court route, there are a number of things to consider. These include contacting your opponent first to attempt to resolve matters, and should this not be successful, ensuring you have the time to commit to Court proceedings, confirming you are within the correct timeframe for issuing specific proceedings, and establishing if you have the resources available to fund any litigation.

How to check if the debtor has assets in order to pay a judgment debt

Before embarking on time-consuming and potentially expensive litigation against an individual or company, it is often worth checking that your opponent has sufficient assets to pay any judgment debt, in the event that you successfully obtain judgment against them. There are a number of free or low-cost searches that potential Claimants can carry out relatively quickly, without having to employ the services of any third parties. These include HM Land Registry searches, Companies House searches, and Insolvency checks.

Issuing and serving a Court claim

If you have decided that the only way to resolve your dispute is to issue formal Court proceedings, there are a number of steps you need to take to formally issue a claim at Court, beginning with completing a Claim Form and sending it through to the Court.

Responding to a claim

If you have been served with a claim either by the Court or by a Claimant, it’s important you don’t ignore it or delay in responding, as you will only have a short period of time in which to reply if you wish to defend the claim. As a Defendant, you can either admit the claim (or part of it), defend the claim (or part of it), or file an acknowledgement of service, which then allows you further time to prepare a defence. In most cases, a Defendant will look to file an acknowledgement of service.