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How can I recover money that I am owed?
Rutherglen Reformer
|July 16, 2025
You should take the following into account when deciding whether or not to get involved in civil court proceedings: what ways to resolve the problem have been tried and failed and whether there is a legal case.
Some things might seem unfair but there might not be a law which can be used to enforce your case against the injustice. In these circumstances, you might be able to negotiate or campaign.
The courts have a limited range of remedies and some of these may be difficult to enforce, for example, the person who loses may not be able to pay.
There may not be a remedy which meets your expectations. Also consider where the court action can take place and whether it is too late for you to start legal proceedings. Most proceedings must be started within a certain time, which varies according to what type of action it is, and these time limits may be very short.
If a case goes to court it may take a long time before a final decision is reached. However, in some circumstances, emergency orders can be made.
You need to consider what legal advice or representation is available. You may be able to act yourselves, but most people need specialist advice and/ or representation to be as effective as possible.
Consider the costs of being involved in legal action - including the costs of legal advice, court fees, the cost of obtaining evidence. Legal aid might be available in some cases or there may be other sources of help towards legal costs. Even if you are successful and even if you are getting legal aid, you may have to pay substantial costs. If unsuccessful then you will usually have to pay the legal costs of the other party. Certain people might be exempt from certain court fees.
Also consider whether one of the parties involved in the dispute lives outside the UK - if they do, the costs of the legal action might be very high, and it might be very difficult or expensive to enforce a court decision abroad.
Remember, getting involved in legal action can be very distressing and frustrating. You should bear in mind that you may not win even if you feel you have a strong case.
Q. Are there alternatives to taking court action?
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