If someone owes you money and will not pay, the law in England and Wales gives you a clear route to recover it. The process can feel daunting, but it follows a recognisable shape: you ask for payment in the right way, you can take the matter to court if you must, and there are several ways to enforce a judgment once you have one. A barrister can help you at each stage.
Through Direct Access, also known as Public Access, you can instruct a barrister directly, without going through a solicitor first. Barristers are regulated by the Bar Standards Board (BSB). This article explains the usual steps in a debt claim and where a barrister adds value.
Before you go to court: the letter before action
The courts expect you to try to resolve a dispute before issuing a claim. For most debts, that means sending a clear written demand, often called a letter before action or letter of claim. This letter sets out who owes what, why the money is due, and a reasonable deadline for payment. It should also explain what you will do if the debt is not paid.
Getting this letter right matters. If the case later reaches court, a judge will look at whether the parties behaved reasonably beforehand. A poorly drafted demand, or no demand at all, can count against you. A barrister can advise on the strength of your claim and help make sure your pre-action correspondence is accurate and persuasive.
This is also the moment to assess your prospects honestly. A barrister can review your documents, such as invoices, contracts, emails and statements of account, and give you a candid view of whether the debt is likely to be recoverable and whether the debtor can actually pay.
Issuing a claim in the County Court
If the deadline passes and the debt is still unpaid, you can start a claim in the County Court. For many straightforward money claims you can do this online through Money Claim Online, which is designed for fixed sums up to a set limit. More complex or higher-value claims are issued through other court processes.
When you issue a claim you set out your case in formal documents, including the particulars of claim. These explain the facts and the legal basis for the money you are seeking. A barrister can assess the merits, draft these statements of case, and prepare you for what the debtor might argue in response.
It is worth understanding one point about how barristers work under Direct Access. Advising you and representing you at a hearing is squarely within what a barrister can do. Conducting litigation, which includes formally filing documents and managing the court paperwork on your behalf, is a separate authorisation. In practice this often means that you handle the filing yourself with the barrister’s guidance, or other arrangements are made. Your barrister will explain clearly at the outset how this will work in your case.
If the debtor does not respond: default judgment
Not every debtor defends a claim. If the debtor fails to respond within the time limits, you may be able to ask the court for judgment in default, meaning the court decides in your favour without a trial because the other side has not engaged.
A default judgment is a useful outcome, but it is not the end of the story if the debtor still does not pay. It establishes that the money is legally owed, which then opens the door to enforcement.
Enforcing a judgment
Winning a judgment and actually collecting the money are two different things. If a debtor does not pay what the court has ordered, there are several enforcement options. The right one depends on the debtor’s circumstances, such as whether they are employed, own property, or have assets. Options include:
- A warrant of control, which allows enforcement agents to take and sell the debtor’s goods to satisfy the debt.
- An attachment of earnings order, which directs the debtor’s employer to deduct sums from their wages.
- A charging order, which secures the debt against property the debtor owns, so you may eventually be paid from the proceeds if it is sold.
- An order to obtain information, which requires the debtor to attend court and give details of their finances.
A barrister can advise on which route is most likely to succeed and represent you at any hearing connected with enforcement. Choosing the wrong method can waste time and cost, so this advice can be valuable.
How a barrister helps overall
A debt claim is rarely just about filling in forms. The strength of your evidence, the wording of your case, and your choice of enforcement method can all change the outcome. A barrister brings courtroom experience and an objective assessment of your prospects, and can represent you at hearings if the matter is contested.
Instructing one directly through Direct Access can be a cost-effective option, particularly where you are confident handling some of the administrative steps yourself. Your barrister will be clear from the start about what they can do, what you will need to do, and what the likely costs and risks are.
Recovering a debt is a structured process, and you do not have to navigate it alone. Whether you need an early view on prospects, help drafting your claim, or representation at a hearing, a Direct Access barrister can support you from the first letter through to enforcement. The information here is general and is not legal advice for your particular situation.
This article is general information about the law in England and Wales, not legal advice on your individual circumstances. For advice on your matter, instruct a barrister. Barristers are regulated by the Bar Standards Board (BSB).