Debt Recovery Solicitors in Birmingham

You can recover a debt with the support of experienced commercial litigation solicitors, for businesses and individuals, from letter before action through to enforcement. Our team can help you choose the right mechanism for debt recovery and avoid wasting time and money.

Being owed money is frustrating, and being chased for money you don't have can be stressful. Our team of debt recovery solicitors offer calm, qualified advice, whichever side of the situation you are on. Claims go via the County Court Business Centre, heard at Birmingham Civil Justice Centre.

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Recognised in the Legal 500
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Acting for businesses and individuals
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Fixed-fee options available
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Solicitor-Advocate for court hearings
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Birmingham city centre office

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What This Involves

Debt recovery in Birmingham follows a sequence of escalating legal steps, each giving the debtor a chance to pay before the next, more serious step is taken.

Letter before action

A formal demand for payment, required under the Pre-Action Protocol for Debt Claims. It sets a deadline, usually 30 days, and often resolves debts without court. We draft it and advise on claiming interest.

County Court claims and which track applies

County Court claims are issued online for debts up to £100,000. Costs recoverable depend on track: small claims to £10,000, fast track to £25,000, multi-track above. Witan assesses the best track and issues the claim. Once a CCJ is issued, our team can advise on enforcement.

Default and Summary Judgment

If a debtor ignores a claim for 14 days, or files no defence within 28 days, you can get default judgment without a hearing. Where a defence has no real prospect, summary judgment is available before trial. We act once the deadline passes.

Charging orders and orders for sale

A charging order secures a judgment against the debtor's property, under the Charging Orders Act 1979. Once registered, it is paid on sale or remortgage. An order for sale is a last resort. We apply for these.

Statutory demand

A formal demand for an undisputed debt, served without court action. Unpaid after 21 days and not set aside, it can support a bankruptcy petition (£5,000) or winding-up petition (£750). It often prompts payment. We draft and serve these.

Winding-up petitions for companies

Where a company owes an undisputed debt of £750 or more, you can petition to wind it up. It can be advertised in the London Gazette after seven days, freezing its accounts before a hearing. We file and defend these.

Bankruptcy petitions for individuals

Where an individual owes an undisputed debt of £5,000 or more, you can petition for bankruptcy. An order lets a trustee realise assets for creditors, and limits their credit and directorships. We advise on this route and on other options.

Defending a debt claim

Not every claim is valid. Grounds to defend or reduce one include a disputed amount, a set-off, a counterclaim, or an expired limitation period, six years for most contractual debts under the Limitation Act 1980. Witan can assess your position, advise you on the best course of action and defend you in court if needed.

Your Confidence, Our Commitment

Meet the Team

Qarrar Somji

Director and Solicitor-Advocate

Qarrar leads commercial debt recovery and winding-up litigation.

Felicity Wood

Senior Litigation Executive

Felicity handles debt recovery and civil dispute matters.

Our Birmingham Office

Our Birmingham office is in Digbeth, less than a mile from the Bullring and New Street Station, with city-centre access by foot, car and bus.

Witan Solicitors (Birmingham)
Bradford Court
123–131 Bradford Street
Digbeth, Birmingham
B12 0NS

Make an Enquiry

Get Debt Recovery Advice in Birmingham

Ask for a fixed-fee initial consultation.

Witan offers quality advice on your case and can handle further communications and court applications on your behalf.

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0300 303 2071

Mon - Fri 8:30 - 5:30

or email us at info@witansolicitors.co.uk

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FAQ

What is the difference between a CCJ and a statutory demand?

A County Court Judgment follows a court claim and confirms a debt is owed. A statutory demand is served without court involvement and warns of insolvency proceedings if an undisputed debt is not paid within 21 days. Each suits a different stage and type of debt.

How do I enforce a County Court Judgment that has not been paid?

Options include a warrant of control to seize goods, a third party debt order to freeze a bank account, an attachment of earnings order, and a charging order against property. Claims over £600 can also move to the High Court for faster enforcement.

What is the small claims track and does it apply to my debt?

The small claims track handles County Court claims up to £10,000. It suits straightforward disputes, and cost recovery is limited even if you win. Claims between £10,000 and £25,000 go to the fast track, and larger claims go to the multi-track.

Can I charge interest on an unpaid commercial debt?

Yes. The Late Payment of Commercial Debts (Interest) Act 1998 lets businesses claim statutory interest and a fixed compensation sum on unpaid commercial debts, in addition to the amount owed. We advise on this when we send the letter before action.

What happens if I ignore a statutory demand notice?

If you do not pay within 21 days or apply to set the demand aside, the creditor can treat this as evidence that you cannot pay your debts. This can lead to a bankruptcy petition, if you are an individual, or a winding-up petition, if you are a company.

How long do I have to recover a debt through the courts?

Most contractual debts must be claimed within six years of falling due, under the Limitation Act 1980. Waiting too long can mean losing the right to recover the debt entirely, so it is worth taking advice as soon as payment is overdue.

This page was last reviewed by Qarrar Somji, Director and Solicitor-Advocate, Commercial Litigation Team, July 2026. Our commercial litigation content is reviewed every six months to ensure it reflects current legislation, case law and market practice.

Witan Solicitors Limited is authorised and regulated by the Solicitors Regulation Authority (SRA 605789). You can view the firm record on the SRA register, and Witan publishes its complaints procedure online.