Effective Debt Recovery in Scotland - Potential Problems & Practical Solutions
Scottish legal debt recovery offers a multitude of opportunities for the effective recovery of debts.
This new virtual classroom seminar illustrates practical solutions tailored to a number of common scenarios.
What You Will Learn
This live and interactive session will cover the following:
- Consideration of what should be contained in pre-sue demand letters including collection costs and interest
- Common pitfalls when taking legal action including identifying the debtor:
- Will it be worthwhile taking court action?
- Does the debtor have the assets to satisfy the debt?
- Do your clients have terms and conditions of business?
- Why are they important?
- What are the implications if they contain an ‘exclusive’ jurisdiction clause?
- What is meant by ‘jurisdiction’?
- Can you use jurisdiction to your advantage?
- So you want to raise court action in Scotland:
- What is the difference between Simple and Ordinary cause procedure?
- How do you get the judgment in an undefended action?
- What are Scotland’s pre-judgment remedies and how effective are they?
- What happens if the claim is defended?
- How long will it take?
- How much will it cost?
- You now have the court’s judgment:
- What measures can you take to enforce the debt in Scotland?
- Who are sheriff officers and what is their role?
- What is meant by ‘enforcement on demand’?
- Why are some measures more effective than others?
- What are the most effective remedies?
- What is Scotland’s Debt Arrangement Scheme and how does it affect judgment enforcement?
- Your clients have heard that to recover Scottish debts you do not need to take court action. They mention ‘statutory demands’ and ‘three day winders’ as an alternative. What are they and in what circumstanced would you recommend them?
- Your clients think that bankrupting or liquidating their debtor will be a good way to get payment. Do you agree with them? A brief introduction to Scottish insolvency will reveal all
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.