01698 312 080

mail@tchlaw.co.uk

Court Action

We would be happy to raise actions on your behalf if it was so needed. The type of actions required varies depending on the sum you are suing for, i.e.  

  • Simple Procedure is for debts of £5,000 or less
  • Ordinary Cause is for debts above £5,000.

If a case is particularly legally complex, or for a very high value (over £100,000), then you may consider raising an action in the Court of Session. We would discuss that with you thoroughly before proceeding, and at that time give an indication as to costs as Counsel (and Advocate – the Scottish equivalent of a Barrister) would require to be employed also.  

We believe you will be pleasantly surprised at the economics of instructing us in court actions to recover your debts.  

UNDEFENDED CASES 

We will raise court actions for you as a matter of urgency after receiving your instructions. In most situations we will offer you a fixed fee*1 for the raising of the action, serving it upon your Debtor and the point of (a) your Debtor settling payment in full, (b) there is no response to the Summons/Writ and we can move for Decree or (c) your Debtor lodges a formal notice of their intention to defend the action.

In a standard case, where the action is undefended and we obtain Decree for you, the Judicial Expenses awarded by the court are recoverable from the Debtor. Those Judicial Expenses will account for the majority of the cost incurred in the fixed fee service. The amount of Judicial Expenses payable awarded are set down by Statute.

Unfortunately, the obtaining of the Decree is not always the end of the road. Once we have obtained the Decree for you, it can be used to carry out a number of methods of enforcement against your Debtor. Those are the methods by which you can, hopefully, extract payment of the sums you are owed.  

*1 Please note, however, if there are any complications in such a case (i.e. there is difficulty in getting the court papers served on the Defender, or if there are court appearances required) then additional sums will require to charged, but consequently the majority of those additional costs are usually recoverable from the Debtor.

 

DEFENDED CASES

Each and every case is different on it's own merits and facts, and each can follow a slightly (or indeed vastly) different procedure. As such, each case involves a different amount of work, and it is therefore very difficult to estimate the cost to you in a defended case at the outset.

Rest assured, however, that you will get a personalised and expert service from TCH Law, and if you have any queries, we are always here to answer them.