legal action

A creditor wanting to recover money can sue you to get a court order confirming you owe the money (plus the legal costs of the action). This court order is known as a 'judgment' and enables the creditor to take various legal steps to recover the judgment debt. Steps can include having your valuable property seized and sold by the Sheriff, having money taken out of your wages or getting a court order requiring you to pay the judgment debt by instalments. The creditor may also have you declared bankrupt.

It is important to get advice about whether the creditor can take any of these steps against you, as there are limits on creditors trying to enforce judgment debts. This is because the old adage, 'you can't get blood out of a stone', is generally reflected in debt recovery procedures. If you are worried a creditor may sue you, get advice quickly. You may find that something can be negotiated to avoid legal action being taken (which will result in legal costs being added to your debt). Even if a creditor already has a judgment against you, it may be that your income and assets are protected. People who have judgments against them also have other options, including getting an instalment order or going bankrupt.



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