Q. I’m a freelance graphic designer working from home. I’m owed a considerable amount of money from one of my customers (a small local firm) who say they’re unable to pay the bill – I’ve been told that I will need to make them bankrupt to get the money back. This seems a bit drastic - are there any other options?
A. Bankruptcy is usually the last resort and usually applies against individuals. If you are pursuing money from a Limited Company then you are seeking to obtain a winding up order. The costs of proceeding with a bankruptcy petition /winding up petition can be prohibitive. You may want to consider issuing a County court claim form and obtaining a Judgement.
Once you have a judgement you could seek to enforce by instructing a bailiff/or a High Court sheriff’s officer to attend the Debtor’s premises in order to see if they can realise any assets. You may want to get appropriate legal advice on the best way to proceed, particularly if you are owed a large sum of money.
Kally Singh, Partner
This article was previously published in the Stamford Mercury.