Statutory Demands

Statutory Demands are a preliminary stage in the bankruptcy process. They are an effective way of recovering an undisputed debt. In many cases the debtor will arrange payment in response to the statutory demand to avoid the insolvency process. We will draft and issue the statutory demand on your behalf, arrange service and carry out any follow up work.

Insolvency Proceedings

Marks Recoveries & Legal Services have considerable experience in insolvency proceedings and have well established connections with a number of Insolvency Practitioners. Insolvency proceedings do not have to be seen as a negative process. In many cases the debtor has assets and the issuing of insolvency petitions results in a successful outcome for creditors. We will provide you with sufficient information to enable you to decide whether or not insolvency proceedings are going to be cost effective.

We will draft and issue the insolvency petition on your behalf, arrange service, and deal with the legal process thereafter.

Changing Orders

If a debtor has assets, such as a property, and you have a court judgment in place, we can arrange to place a Charging Order over the debtor’s interest in that asset. When the asset is sold, if there is sufficient equity after paying off any prior charges, the surplus monies can be used to clear a judgment debt. A Charging Order does not compel a debtor to sell an asset, but in some circumstances the court can make an order that the asset is sold for the benefit of the creditors.

We will advise you on the viability of issuing a Charging Order application, draft and issue the court proceedings and obtain the Final Charging Order. We will arrange registration of the Charging Order at HM Land Registry.

Marks Recoveries & Legal Services have developed a specialism in dealing with overseas debt recovery work, with a particular expertise in cross border work in the European Union. We can prepare formal Letters Before Action in a number of languages and if necessary we can arrange to issue (and enforce) court proceedings in many different jurisdictions.

Cross-Border Enforcement of Judgments

Successfully obtaining an award or judgment from a court/tribunal is only a half-way step and if the Defendant is residing or trading from an address outside of England and Wales, many legal professionals are inclined to advise a client not to pursue a matter because of the potential cost and complexities involved in taking enforcement action. Marks Recoveries & Legal Services have over 25 years of experience in dealing with cross-border court judgment/tribunal award enforcement and we have recovered money from Defendants in numerous countries including China, India, Australia, Spain, the Irish Republic and the other nation states of the UK, Scotland and Northern Ireland. Let us deal with the jurisdictional issues and the interpretation of the various Conventions and reciprocal agreements between the UK and other countries.

Contact us for further details and a fixed fee price.