Debtors: the real procedure, step by step

It is the problem that wears a chair down most, and the one where most improvising happens. The procedure exists and it works, but it has to be followed in order.

Step 1: make sure the debt is properly documented

Before anything else, the accounts have to be impeccable: what is owed, for which period, and which charges were issued. A claim built on shaky accounts collapses on its own.

Step 2: the written notice

Before anything formal, a written communication: how much is owed, for what, and a deadline. Many cases are resolved right here, especially if it is an oversight or a one-off problem. Keep a copy and proof of sending.

Step 3: a resolution of the meeting

To claim through the courts, the meeting has to approve the settlement of the debt and authorise the claim. That resolution is notified to the debtor. It is the step most often skipped, and without it you cannot proceed.

Step 4: the order-for-payment procedure

It is the specific route for community debts and is designed to be accessible: relatively quick and, for moderate amounts, without any obligation to instruct a lawyer and court agent. If the debtor does not oppose it, it becomes an enforceable title.

What else does work

• Posting the list of debtors on the community noticeboard is contemplated by law with specific requirements (when notification by other means has not been possible). It is not an improvised public shaming: it has its own procedure.
• Loss of voting rights: an owner not up to date with payments can be left without a vote at the meeting, unless they have challenged or deposited the debt.

What does not work

Cutting off their water, electricity, or use of the lift or the pool. However fair it may seem and however much it is voted at a meeting, these are acts of self-help and they put the community in the wrong. You lose the case and you pay.

And the most important thing

Do not let it drift. Community debts do expire, and an arrears that has dragged on for three years without any formal step is far harder to recover than one dealt with after two months. The discomfort of claiming early is always less than the discomfort of claiming late.