If your business finds itself in a commercial debt dispute and direct contact has failed to resolve the issue, seeking the help of a legal service provider should be your next step. Here is some basic guidance to inform your choice of legal expert.
If you have provided goods or services to another party as part of a business transaction then you are likely to have entered into an agreement to be paid in return. If you have not received payment then you can consult a legal expert to make a claim for that money.
Claims for a commercial debt can be made during a period of 30 days after the completion of business between the two parties, or 30 days after an invoice has been sent. If you suspect that a customer or client is not willing to pay then you should pre-emptively consult a legal expert.
A legal service provider will advise on the validity of your claim, examining any documents such as service level agreements that may have been signed by both parties. If mediation fails and a hearing in small claims court becomes necessary then a legal expert will also take you through that process.
It is worth considering a number of factors when choosing a legal expert to assist with your commercial debt claim. You may wish to consider the location, reputation and cost of a firm before making your decision.
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A commercial debt claim may involve a brief period of mediation or a protracted court case. On that basis, it is common practice for a legal service provider to charge clients on an hourly rate basis.
If the defendant denies the allegation and is not amenable to mediation then it may become necessary to take them to trial. Most cases will be heard in small claims court, although there may be a more formal hearing if the amount being claimed for exceeds £10,000.
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Commercial Debt Claim (Claimant)