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Bankruptcy Casestudy

Bankruptcy Casestudy
litigation

About This Case

Our client was owed a substantial sum of money from a customer who was refusing to pay. We had originally issued court proceedings against the debtor and obtained a court judgment for the full amount of the debt, plus interest, plus costs.
Civil LitigationBankruptcy
Time Frame7 Months

Despite having judgment awarded against him, the debtor continued to refuse to pay.  We therefore initiated bankruptcy proceedings against the defendant on our client’s behalf.  

We have extensive knowledge and experience of bankruptcy and debt collection cases.  We will do all that is possible to get back on your behalf every penny that you are owed.  

To speak to a specialised Bankruptcy and Debt collection solicitor now, contact us on 028 90 36 5595.

Challenge

The defendant had a court judgment made against him but still refused to pay.  He attempted to avoid service of the bankruptcy documents by refusing to answer the door and hiding from service. 

Our Process

1. Consultation

We had already obtained on our client’s behalf a court judgment.  When that was not paid we consulted again to discuss the merits and costs of bankruptcy proceedings.  

2. Statutory demand

The first step in the bankruptcy process is to draft and serve a statutory demand.  We issued the statutory demand and engaged a process server to serve the demand personally on the debtor.  

3. Substituted service

The debtor continued to avoid service of the demand by refusing to answer the door and hiding from the process server.  After making a number of attempts to serve we served the demand by substituted service instead.   

4. Debtor pays up

With the demand now served and the debtor realising his options were up, he came forward to pay all outstanding monies.  

Result

It took longer than expected, due to the debtor’s attempts to avoid service but we successfully served the defendant, who then fully paid everything owed to our client.  

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