Complete Clarity Solicitors


Defending an action for debt Scotland

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Family Law solicitors
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Need help defending a Court Action for debt recovery? We can help.

Being served with court papers can be extremely stressful, particularly if you are already under financial pressure. In some circumstances involving larger debts, ancillary measures will be taken, such as ‘Free*zing’ money in your bank account, or your business bank account, or asking the court to stop you from selling business assets, your house or land until the debt is repaid. Our specialist solicitors can help – offering legal advice and guidance through every step of the court proceedings.

  • Negotiate on your behalf with creditors.
  • Give you the advice you need to decide whether to declare bankruptcy and discuss the potential court fees and the process of filing the relevant claim forms.
  • Help you to navigate bankruptcy and provide legal advice on whether it’s a suitable course of action for small claims or more significant debts.
  • Advise you on court proceedings about your debt, including preparing for a court hearing or navigating the small claims track.

What if a debtor disputes or defends a claim for a debt?

If a debtor contests or provides a defence against a debt recovery claim, said claim is deemed non-performing and must be managed by our Dispute Resolution team. Under such conditions, our standard hourly rates would be applicable. Consequently, the expense would be ascertained based on the duration required to address the issue and the corresponding hourly rates.

Claims for debts that are contested or defended against typically stem from factual disputes, frequently concerning the “quality” of the services or products rendered to the debtor. They are frequently quite complicated and may necessitate the testimony of an expert or the assistance of a lawyer. A counterclaim, which a debtor asserts as a “setoff” to the debt being claimed, is frequently incorporated. A defended or contested debt claim undergoes a significantly more intricate and costly legal procedure to ascertain its result; should the need arise, we would be happy to discuss this with you in the event that the claim was to be removed from the debt recovery category.

Based on past experience, it has been observed that in the vast majority of court proceedings initiated against debtors, a judgment is rendered in the absence of a defence lodged. Nevertheless, a minority of the debtors will present a defence.

As soon as a defence has been filed, we will conduct a strength analysis and provide you with an estimate of the probable costs. We will then provide you with an assessment of the likelihood that the defence and your claim will be successful.

In the event that a defence fails to demonstrate a tangible likelihood of success, an application for summary judgment may be submitted to the court. This process guarantees that defences lacking substantive likelihood of success do not cause undue delays in the acquisition of judgment. Our Debt Recovery Department may, when applicable, file an application for summary judgment on your behalf.

Contact our debt recovery experts in Glasgow, Edinburgh, Inverness & Aberdeen, Scotland

Based in Glasgow, East Kilbride and Edinburgh, we provide our clear and practical legal services to people across Scotland including those from Airdrie, Motherwell, Bellshill, Dumbarton, Paisley, Ayr, Fife, Crossmyloof, Giffnock, Clarkston, Newton Mearns and many other surrounding areas. Call us today on 0808 169 5822 or complete our online enquiry form and let us help you. 

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Please note: We do not offer legal aid

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