Common Complications in County Court Claims

County court claims can offer a solution for businesses and commercial landlords who have tried other methods to make their debtors pay up. But sometimes developments in the case can draw out the process. We take a look at some of the most common complications that can arise in the course of a claim.

A defended claim

When the debtor accepts that they owe money, a county court claim can often be relatively straightforward. However, if the debtor tries to defend the claim, arguing that they do not owe anything, this can lengthen the process and make it more complicated.

A lack of evidence

As the judge will use evidence submitted by both sides in order to come to a conclusion, it is essential to gather everything that you can to support your claim and help the process run smoothly. A lack of evidence can sometimes complicate a claim. 

Counterclaims

As well as the chance to defend the claim, a debtor also has the chance to file a counterclaim if they believe that you owe them money as a result of the events leading up to your claim. For example, you claim that the debtor did not pay you for goods that you delivered but they say that the goods were faulty so they had to pay someone else to dispose of them.

Appeals

The debtor can ask the court for permission to appeal within 21 days of a county court judgment if they think that the court made a mistake or didn't follow standard procedure.

Insolvent debtors

Even after winning your claim, it will be difficult to get your money back from a debtor if they cannot afford to pay. Checking that a company is still trading or a sole trader has not gone bankrupt in advance can help you decide whether making a claim is worthwhile.

Uncompliant debtors

Sometimes, debtors will try to evade County Court Bailiffs by ignoring them, absconding or even using physical threat. This can make the process last for longer, which can lead to additional costs for claimants.

County court proceedings can often provide a good resolution for landlords and business owners but can sometimes run into complications. If you are struggling to recover funds from a debtor following a judgment, contact Dukes Bailiffs to find out how professional Enforcement Agents can help.