Small Claims/Debt Collection

[daniel_CAM]

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This seemed the most appropiate board on this forum to seek people's thoughts.

I've just gone through a lengthy process of suing a company that never paid an invoice of mine through the Small Claims Court. As I expected I was successful. It was pretty straight forward.

The judge asked the defendant if they would like any special terms/staged payments. They declined so were ordered to pay "forthwith". Which I guess in legal terms is within 28 days(?).

I don't think the defendant has any intention of paying. And although the company I'm claiming against is a proper business - as opposed to a one man bedroom operation - I believe they are in serious danger of folding at any moment.

Anyone have any experience of similar situations? I have sought advice from both legal professionals and people who have been through this process. Everything seems to mixed so I'm after more!

Do I just wait the 28 days then pass it on to a debt collection agency?
Is there anything the court can do to speed things up?
I believe winding up orders are expensive but effective?
And what if they close tomorrow? Do I just need to keep checking companies house?

Any advice from experience appreciated!

[bapages]

Depends on the circumstances of them winding up. If the Directors call it a day voluntary then they are personally liable to any debt the company owns. Otherwise I think but may be wrong that one of two things can occure, 1. I think the court order makes you a preferred creditor and 2. If the company declared they are financially sound to the judge (which they have not asked for staged payments could be argued they are confirmed is the case( then you have a case against the directors regardless of the company status for 'false disclosure'. The latter is an issue we are chasing another firms directos over at the moment.

[daniel_CAM]

Cheers, thanks for that. Some good points there that I was unaware of.