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Home » Answers Hub » Worth suing?

How do you know if a debtor is worth suing?

The short answer

By checking before you spend: a pre-sue enquiry establishes whether the debtor can be found, whether they show income or assets worth enforcing against, and whether existing CCJs or insolvency make your claim pointless. Court fees and costs are only worth incurring where a judgment can actually be collected, and that is an evidence question, not a hunch.

The collectability test

A judgment is a piece of paper until enforced, and enforcement needs a target: wages for an attachment of earnings, goods of value at a known address, property for a charging order, or bank funds for a third party debt order. The pre-sue exercise tests each in advance. It also surfaces the deal breakers early: an active bankruptcy or IVA, a debtor already carrying unsatisfied CCJs, or a subject who has emigrated, any of which reshapes or ends the strategy before money is spent.

What the report covers

A Tremark pre-sue report confirms the current verified address, summarises adverse data such as judgments and insolvency, and provides indicators of employment, property connection and lifestyle proportionate to the debt. For larger exposures it extends into fuller asset tracing, covered in what an asset trace report shows, including vehicles, business interests and property held.

Decisions the evidence supports

Armed with the report, creditors and their solicitors choose rationally: proceed and pick the enforcement route with the best yield, negotiate from knowledge, or write off cheaply and early. The worst outcome in debt recovery is not losing; it is winning expensively against someone who was never going to pay, and thirty pounds of intelligence exists to prevent exactly that.

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    This page provides general information about the law and practice in England and Wales and is not legal advice. Rules change and individual circumstances vary; always take advice from a solicitor on your specific situation. Prices shown are indicative, exclusive of VAT and confirmed in writing before any work begins.