Can you collect from a debtor who claims to have nothing?

Someone owes you money and the debtor swears they can't pay. Often it isn't true, and even if they have no assets today, it's worth having the debt recognised so you can collect when they do. What options really exist.

Someone owes you money, you’ve asked for it, and you keep hitting the same line: “I’ve got nothing.” A lot of creditors give up right there, convinced that chasing someone without assets is a waste of time. It usually isn’t.

“I’ve got nothing” often isn’t true

Someone saying it doesn’t make it so. In court proceedings you can investigate the debtor’s solvency: bank accounts, wages, tax refunds, vehicles, property, shareholdings. It’s surprising how often assets turn up on someone who swore they had none. Before writing a debt off as lost, it’s worth really looking at what lies behind it.

And even if they have nothing today, they may tomorrow

Here’s the part almost nobody knows: even if the debtor is insolvent right now, having the debt recognised by a court changes the picture. The enforcement doesn’t vanish because you can’t collect today; it waits, and reactivates as soon as the debtor has income, inherits something, starts a business or comes into money. Giving up now means handing them that tomorrow too.

Before court, a proper demand

Not everything ends up in litigation. A serious out-of-court demand, made by a firm and in a formally provable way, moves more debtors to pay or negotiate than you’d imagine: when they see it’s for real, many stop hiding. It’s the first step, and often the most cost-effective.

If they still don’t pay, the order for payment

When the demand isn’t enough, the order-for-payment procedure is the usual route to claim unpaid debts: it has no minimum amount and it’s enough to evidence the debt with documents. If the debtor neither pays nor objects, it moves to enforcement and seizure. We explain it on our debt recovery page.

If you’re owed money and you’re being fobbed off, don’t let the debt age: the sooner you act, the easier it is to find something to collect from.

Frequently asked questions

The debtor says they have nothing, is it worth claiming?

In many cases, yes. On one hand, their solvency can be investigated to check whether it’s true. On the other, having the debt recognised by a court lets you collect later, when the debtor has assets or income. Simply giving up is usually a mistake.

Can you find out what assets the debtor has?

Within court proceedings there are tools to look into a debtor’s solvency: accounts, wages, tax refunds, vehicles or property. That investigation is key so the claim doesn’t stay on paper.

What do I need to claim the debt?

A document evidencing it is enough: an invoice, a contract, a promissory note, an email acknowledging it, or any record showing you’re owed an amount. With that, the order-for-payment procedure can be started.

If the debtor can’t pay today, do I lose the money?

Not necessarily. With the debt recognised by a court, enforcement stays open and can be reactivated when the debtor’s situation improves. It’s worth having that recognition even if collection isn’t immediate.