FAQs about Litigation & Disputes

Greenwich Litigation and Disputes FAQs

I have been sent a statutory demand.  What should I do ?

Statutory demands are documents requesting payment of a debtor sent by the creditor or his solicitor.  You should take it seriously, as they are the first step taken towards bankruptcy proceedings.  You have either 21 days to pay the debt or 18 days to put in a counter-claim with the courts.  It is essential to get legal advice as soon as possible in order to figure out what will be the best course of action for you.

I have a judgement in my favour, but the other side refuses to pay.  What can I do ?

You could have the County Court bailiffs attend the defendant’s property and request payment.  If this fails, the bailiffs will seize the defendant’s property, sell it off and pay you.

You could also request an attachment of earnings order, which will compel the defendant’s employer to pay you from the defendant’s wages.

If you are owed money, you could also initiate bankruptcy proceedings (if the debt is larger than £750) or have receive money from the debtor’s debtor (if there is one) by using a court order (a third party debt order).

Another option is to apply for a charging order, which will give you an interest in the defendant’s property and prevent them selling the property without paying you.

I hear litigation takes time, but I need to take action now.  What can I do?

The answer will vary according to your circumstances and the strength of your case.  Using one of the options below will help your case and prevent (or compel) the defendant from taking certain courses of action which could be damaging to your case or prevent you from claiming your money back.  Your options are:

  • Search and seizure orders, which allows you to search the defendant’s premises for important documents and information that the defendant may wish to destroy.
  • Negative injunctions, which prevent the defendant from pursuing certain courses of action that are damaging to you.
  • Positive injunctions, which compel the defendant’s to follow specified courses of action.
  • Freezing orders, which freezes the defendant’s bank accounts and other assets, therefore preventing him from using the assets or moving to them an offshore account, for example.