Debt & Insolvency Solicitors — England & Wales

Debt enforcement has a procedure — and deviating from it gives you rights. Whether you face a CCJ, a winding-up petition, or a bankruptcy application, a solicitor stops the process and protects what you have.

Debt and insolvency law is procedurally demanding for both creditors and debtors. Statutory demands, county court judgments, bailiff enforcement, IVAs, bankruptcy, and corporate insolvency all follow specific legal routes with specific rights at each stage. A solicitor will identify the stage you are at, the options available, and the most effective response — whether that means defending, negotiating, or using the insolvency process itself as a structured solution to unmanageable debt.

CCJ & bailiff enforcement IVA, bankruptcy & winding-up Statutory demand response Free initial consultation

Services

Debt and insolvency — the situations we advise on.

Choose your area below for specific advice on your debt or insolvency situation — the procedure, the deadlines, and the options available at each stage.

How We Can Help

What a solicitor provides at each stage of the debt enforcement process.

✓

Stopping enforcement before it escalates

Debt enforcement escalates quickly — a statutory demand issued in error, a default CCJ obtained without service, or a winding-up petition advertised in the Gazette can each do serious damage within days. A solicitor will intervene at the earliest stage: setting aside a statutory demand, applying to stay enforcement of a CCJ, or applying for an injunction to prevent a winding-up petition advertisement before it damages the company's banking relationships.

✓

Challenging the underlying debt

Many debt enforcement actions are taken on debts that are disputed, statute-barred, or incorrectly calculated. A solicitor will assess the underlying debt — whether it is genuinely owed, whether the correct amount is claimed, and whether the limitation period has expired — and use that assessment to challenge the enforcement action at its root.

✓

Negotiating structured repayment

Many creditors prefer a realistic repayment arrangement over the cost and uncertainty of formal insolvency proceedings. A solicitor will engage creditors on a without-prejudice basis, propose a realistic repayment schedule, and document the arrangement in a form that binds both parties — giving the debtor certainty and the creditor a realistic prospect of recovery.

✓

Formal insolvency as a structured solution

Formal insolvency — IVA, bankruptcy, CVA, administration — is not simply failure. It is a legal mechanism that provides a structured resolution to unmanageable debt, with defined rules about what creditors can recover and from where. A solicitor will advise on whether a formal insolvency process is the most effective solution — protecting assets where possible and providing a defined exit from unmanageable obligations.

✓

Director's duties in insolvency

Directors of companies approaching insolvency have specific legal duties — to act in the interests of creditors once insolvency is foreseeable, and to avoid transactions that prefer individual creditors or transfer assets at an undervalue. Breach of these duties exposes directors to personal liability. A solicitor will advise directors on their duties, the timing of any insolvency process, and how to protect their personal position while acting in the company's best interests.

✓

Creditor-side enforcement and recovery

A creditor owed a genuine debt has a right to enforce it — and debt enforcement law provides specific tools at each stage: statutory demand, winding-up petition, bankruptcy petition, CCJ and enforcement. A solicitor advising creditors will use these tools strategically — identifying the most effective enforcement route, maintaining procedural compliance, and maximising the realistic recovery from a debtor in financial difficulty.

How It Works

Debt enforcement follows a legal procedure at every step. Acting at each stage — before the next deadline passes — protects your position and your options.

A solicitor will identify the stage you are at, the deadline that applies, and the most effective response — whether that is a formal legal challenge, a negotiated arrangement, or a structured insolvency solution.

Submit Your Request
1

Describe your debt or insolvency situation

Tell us what documents you have received, what stage the enforcement is at, and what outcome you are trying to achieve.

2

Solicitor identifies the options

A debt and insolvency specialist identifies your position, the applicable deadline, and the most effective response — challenge, negotiation, or formal insolvency.

3

Free initial consultation

You receive clear advice on what you can do, what the risks are, and what the realistic outcomes are — at no cost and no obligation.

Free Initial Consultation

Debt enforcement moves quickly. The 21 days on a statutory demand, the period to set aside a CCJ, the window before a winding-up petition is advertised — each has a deadline that matters.

Get specialist debt and insolvency advice — and act before the next deadline closes off your options.

Get Debt & Insolvency Advice

Common Questions

Debt and insolvency — what people ask us.

I have received a statutory demand. What do I do?

A statutory demand is the first formal step in a bankruptcy or winding-up petition. You have 21 days to respond — by paying the debt, reaching an arrangement, or applying to the court to set aside the demand. An application to set aside must be made within 18 days. Where the debt is disputed, a cross-claim exists, or the creditor is using the statutory demand as a debt collection tool (rather than a genuine insolvency trigger), the court can set it aside. Ignoring a statutory demand and allowing the 21 days to expire without response leaves the creditor free to present a bankruptcy or winding-up petition — a much more serious position. Act within the deadline.

A CCJ has been entered against me without my knowledge. What can I do?

A CCJ entered in default — where you were not served with the claim or did not respond — can be set aside if you act promptly. The court can set aside a default judgment where the defendant has a real prospect of successfully defending the claim, or where there is some other good reason why the judgment should be set aside. An application to set aside should be made as soon as possible after you learn of the CCJ — delay is taken into account by the court. A solicitor will make the application and, if successful, defend the underlying claim on the merits.

What is the difference between an IVA and bankruptcy?

An IVA (Individual Voluntary Arrangement) is a formal agreement with your creditors — typically repaying a proportion of the total debt over 5 years, with the remainder written off on completion. An IVA requires creditors holding 75% by value to agree. Bankruptcy, by contrast, is a court process — automatic discharge after 12 months, but with consequences for property, certain professions, and credit access that last longer. An IVA protects assets (such as a share of equity in a property) that bankruptcy would otherwise realise. A solicitor will advise on which option is more suitable for your specific financial position.

Can creditors still contact me after I have entered an IVA?

Once an IVA is in place, creditors who are bound by the IVA cannot take any further enforcement action — the IVA creates a moratorium against enforcement by participating creditors. A creditor who attempts to enforce outside the IVA is in breach of the arrangement and can be restrained by the court. Creditors who did not receive notice of the IVA, or whose debts arose after the IVA was agreed, are not bound by it. An insolvency practitioner supervises the IVA — and a solicitor will advise on any breach of the moratorium by a creditor claiming not to be bound.

I am a director of a company that cannot pay its debts. What should I do?

Directors of insolvent companies have duties to act in the interests of creditors — not the shareholders — once insolvency is foreseeable. Continuing to trade and incurring new debts in circumstances where there was no reasonable prospect of avoiding insolvency is wrongful trading, and exposes directors to personal liability for the increase in the company's net deficiency. A solicitor will advise on the company's current financial position, whether the duty to creditors has been triggered, what formal insolvency options are available, and how to protect directors' personal positions — including where directors have given personal guarantees for company debt.

Related Issue Topics

View all →

Latest Articles

Quick Links