Recovery matters are decided far more by the quality of documentation than by the strength of the grievance. The first question is always what can actually be proved.
Establish what you can prove
- A written agreement, invoice or acknowledgement of debt
- Bank transfer records showing money moving
- Cheques, and any dishonour memo from the bank
- Messages or emails in which the debt is admitted
- Witnesses to the transaction, where documents are thin
An admission in a message is often worth more than an unsigned agreement.
Suit for recovery
The ordinary route is a civil suit for recovery of the sum due. Where the claim arises from a written contract or a negotiable instrument, a summary procedure may be available, which limits the defendant’s ability to defend without leave and is generally faster.
Whether summary procedure is available depends on the nature of the document, which is why the paperwork determines the route.
Dishonoured cheques
A dishonoured cheque may give rise to criminal liability in addition to the civil claim, depending on the circumstances of issue and dishonour. Criminal and civil proceedings can proceed in parallel, and the prospect of both frequently produces payment.
Before you file
Consider whether the debtor has assets worth pursuing. A decree against someone with nothing recoverable is an expensive piece of paper. This is worth assessing honestly at the outset rather than discovering at execution.
Execution
Obtaining a decree is not the end. Execution proceedings are how a decree is converted into money, through attachment and sale of property or other means. Plan for this stage rather than treating it as an afterthought.
What to do next
Bring every document evidencing the debt, the payment history, and whatever you know about the debtor’s assets.