Civil Litigation: Debt Recovery

As an Accredited Paralegal, you are required to demonstrate competence in your chosen area of practice. Below are competencies, skills, knowledge and understanding, and legislation specific to the debt recovery practice area.

You must also be able to demonstrate competence in the general competencies and knowledge of the standards of conduct.

Competencies

You should be able to progress a debt recovery instruction, from taking the client's initial instructions through to conclusion of the case. Specifically, the paralegal should be competent to:

•  interview and correspond with client
•  correspond and liaise with debtor or their representative, and with relevant bodies and authorities
•  advise client on the different types of court proceedings available and their procedural aspects
•  negotiate settlement as an alternative to litigation or in settlement of litigation
•  prepare and draft all documentation as may be required to commence court proceedings up to decree (undefended), including the instruction of local agents where appropriate
•  sist cases and have sist recalled
•  advise on procedure in respect of a time to pay application and draft appropriate documentation
•  prepare case for time to pay hearings
•  advise client on appropriate enforcement options available including procedure and implement instructions accordingly
•  prepare case for diligence hearings

Skills, knowledge and understanding

You should be able to demonstrate knowledge, understanding and awareness of:

•  the necessary information required from the client in order to present a claim
•  the rights and obligations of the creditor and debtor
•  the law relating to consumer debts
•  the Financial Conduct Authority rules and regulations
•  the duty to the court and other authorities such as the liquidator and Accountant in Bankruptcy
•  the court rules and procedures appropriate to the particular type of debt action
•  the rules and procedures in relation to time to pay applications
•  the rules and procedures in relation to statutory demands for payment
•  the rules and procedures in relation to presenting a petition for sequestration
•  the rules and procedure in relation to presenting a petition to wind up a company
•  a creditor’s pre-decree protective measures
•  a debtor’s protective measures and debt repayment programmes
•  the use of caveats
•  the use of diaries in respect of court dates
•  the law relating to prescription
•  the implications of court judgements and Registry Trust Ltd
•  alternative dispute resolution
•  the law, rules and procedure relating to consumer debt diligence
•  the law, rules and procedure relating to commercial debt diligence
•  the rules and procedure in relation to Legal Aid

Legislation 

You are required to demonstrate knowledge, understanding and familiarity with the relevant legislation and rules of court. This requires being cognisant of the continuing changes to current legislation and rules and the introduction of new legislation and rules. The following is a non-exhaustive list of the areas relevant to debt recovery:

•  Caveats
•  Claiming interest and compensation on commercial debts
•  Consumer credit agreements
•  Debt relief - moratorium, debt repayment programmes, insolvency etc
•  Diligence - corporate, individual, on the dependence
•  Foreign judgments – enforcement
•  Insolvency - corporate, individual
•  Jurisdiction
•  Lay representation for non-natural persons
•  Ordinary cause actions
•  Prescription and limitation
•  Simple procedure claims
•  Sheriff Court
•  Sheriff Officers and Messengers-at-Arms
•  Taxation of judicial expenses
•  Time to pay applications