Personal Debt Recovery Solicitors

You do not necessarily need a formal written contract. Bank transfers, emails, text messages, WhatsApp conversations and other evidence can sometimes help establish why money changed hands and whether it was intended to be repaid.

However, the more complicated or disputed the arrangement, the more important it becomes to obtain legal advice before starting court action.

What should I do if someone owes me money?

If you are owed money, the first step will usually be to ask for repayment directly. You should always keep a written record of what you have requested and any response received. If an agreement is reached for payment by instalments, you should confirm it in writing. Where informal requests have failed, the next step may be a formal Letter Before Action.

For debts owed by an individual to a business or another individual, the Pre-Action Protocol for Debt Claims can apply where the creditor is a business, including a sole trader. Where that specific protocol does not apply, other pre-action requirements still need to be considered.

This is one reason why using debt recovery solicitors can be helpful. We can establish the appropriate procedure for your particular claim rather than assuming every personal debt follows exactly the same process.

What happens if the debt is disputed?

Someone refusing to pay does not necessarily mean they accept that the debt exists. The debtor might argue that the money was a gift rather than a loan, dispute the amount, claim they have already repaid it or raise another defence. At this point, the matter becomes a dispute rather than straightforward collection.

AFG Law's Dispute Resolution team can review the evidence and advise you on the strengths and weaknesses of your position before you incur further legal costs. In some cases, negotiation can resolve matters without proceedings. Where an agreement cannot be reached, a court claim may need to be considered.

Can I take someone to court for money they owe me?

If appropriate pre-action steps have been taken and the debt remains unpaid, you may be able to issue a claim through the County Court. The procedure will depend on the amount being claimed and whether the debt is disputed.

If the debtor does not respond to the claim, you may be able to request judgment in default. If they defend the claim, the case may proceed through the court process and ultimately require a hearing.

Before starting proceedings, it is important to consider more than whether you believe you are right.

You should also consider the value of the debt, the evidence available, the likely legal costs and whether the debtor actually has the means to pay if you succeed. Winning a claim does not automatically put the money into your bank account.

What is a County Court Judgment?

If you successfully establish that money is owed, the court can enter a County Court Judgment (CCJ) against the debtor. This records the amount the debtor is legally required to pay. However, obtaining a judgment and actually recovering the money are two different stages.

If payment is not made following judgment, AFG Law can advise you on the available enforcement options.

Our debt recovery lawyers can discuss the available options and the likely costs before further action is taken.

Should I use debt collectors or a solicitor?

People searching for help with personal debt recovery will often come across debt collectors and debt collection agencies as well as solicitors. A debt collection agency will typically focus on contacting the debtor and requesting payment. This can be useful in some circumstances.

A solicitor can advise on the legal basis of the debt, deal with disputes, issue proceedings where appropriate and advise on enforcement once judgment has been obtained. This distinction can be particularly important where the debtor is actively disputing liability rather than simply ignoring requests for payment.

AFG Law's service is supported by dispute resolution lawyers, meaning we can advise where a straightforward debt recovery matter develops into contested litigation.

Is it worth taking legal action over a personal debt?

This is an important question to ask. Being legally entitled to money does not always mean spending unlimited amounts trying to recover it makes financial sense. Before proceeding, it would be wise to consider how much is owed and what you know about the debtor's finances.

If the debtor has no income or assets, obtaining a judgment does not guarantee immediate recovery. On the other hand, if the debtor owns property or has regular employment, there may be useful enforcement options available if they refuse to satisfy a judgment. You should also consider court fees and other legal costs.

For lower-value claims, particularly those allocated to the small claims track, the ability to recover your solicitor's costs from the other party is limited. AFG Law will therefore discuss the likely cost of pursuing the matter so you can make an informed decision.

Where appropriate, we may be able to offer a fixed fee for defined stages of debt recovery work. The fee and scope of work will be confirmed before you instruct us.

Do I need to know where the debtor works or what they own?

Not necessarily when you first approach us, but information about the debtor can become particularly useful at the enforcement stage. If you know where somebody works, for example, an attachment of earnings order could eventually be relevant. If they own a property, a charging order might be worth considering.

If you have very little information about the debtor's financial circumstances, there are also court procedures that can sometimes be used after judgment to obtain information about their income, assets and finances. The important point is to think about recovery before spending significant money obtaining a judgment.

Can AFG Law recover business debts as well?

Yes. AFG Law also provides business debt recovery services. Commercial debt recovery often involves unpaid invoices, contractual payment obligations and debts between businesses. Different considerations can apply, including the possibility of statutory interest and compensation in qualifying business-to-business transactions.

Our existing commercial service covers both disputed debts and enforcement, including one-off debts and larger book-debt collection. This page focuses specifically on individuals who are trying to recover money owed personally to them.

How AFG Law can help with personal debt recovery

AFG Law's Dispute Resolution team can assist individuals who are owed money and have been unable to recover it themselves.

Depending on the circumstances, our personal debt recovery services can include reviewing the evidence supporting the debt, sending formal correspondence, negotiating repayment, issuing a County Court claim and advising on enforcement.

Where a judgment remains unpaid, we can also advise on options including warrants of control, County Court bailiffs, High Court Enforcement Officers, attachment of earnings and charging orders.

We will discuss the value of the debt, the evidence available, the likely costs and the practical prospects of recovery before recommending further action.

If somebody owes you money and your attempts to recover it have been unsuccessful, contact AFG Law's personal debt recovery solicitors to discuss the next steps.