Legal Procedures Workshop
Intended for credit staff new to the legal collection processes.
The workshop covers the legal procedure in this country, mainly
through the County Court, and gives each candidate an opportunity to
gain vital first-hand experience in completing the necessary forms,
documentation and procedures to successfully collect overdue debts.
Introduction
- Candidates' expectations
- Objectives of the day - Why go legal?
- The legal process in the UK
Making the Decision
- Factors leading to the decision to sue
- Knowing the defendant
- Alternatives and options explored
- Weighing the evidence
- Retention of Title
Legal Proceeding (in the County Court)
1. Summons preparation
venue - summons issue - the praecipe - claim statement - court fees
2. Serving the summons
service - how - procedures - problems with service what happens
after service - options available to the debtor/defendant -
liability or counterclaim - time limits
3. Hearings and reviews
disposal hearing - pre-trial review
4. Judgement and legal enforcement
enforcement against the debtor - how to enter judgement
judgement execution by Sheriff or Bailiff
attachment of earnings - garnishee procedure
bankruptcy - charging orders - appointing a receiver
High Court Procedure
The 'specially endorsed writ' - service
Procedures after service - default procedure - defended actions
Winding up Petitions - Bankruptcy - Liquidations -
Administration Orders
Types of company - the legal trading entity
Factors leading to bankruptcy explored
Options available to the debtor in financial difficulty
Options available to the creditor if the debtor is unable to pay
Factors leading to the decision to effect a winding-up order
Winding-up procedure/process - Benefits and opportunity
Pari-passu
Bank Receiver
Appointing a receiver - Powers and duties
Responsibilities to the debenture holder
The Official Receiver
Powers and responsibilities - Meeting of creditors
Conclusion and Familiarisation Exercises
Documentation familiarisation - Review of all proceedings
Test cases/situations
Forms Competion - The Various Stages
Exercises
