Judicial debt collection
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Judicial debt collection
DO YOU HAVE A DEBTOR?
What do we take care of?
- Claims resulting from conducted business activity such as invoices, debit notes, advance payments, deposits
- Civil law contracts e.g. loan agreement, employment contract, lease agreement, contract for specific work, contract of mandate
- Non-recovery of an advance payment for services not rendered
- Claim under a bill of exchange
- Alimony claim
- Inheritance matters
- Divisions of property
What does judicial debt collection involve?
- Judicial proceedings
- Enforcement proceedings (bailiffs)
- Court settlements
- Bankruptcy proceedings
- Criminal proceedings
Did you know that...
clients of our law firm receive judgments in less than 7 weeks?
7 out of 10 creditors do not go to court and therefore do not recover their money
HOW DO WE DO IT STEP BY STEP?
- We will check the debtor and verify your documents
- We will prepare the litigation strategy
- A qualified lawyer will prepare a lawsuit and direct it to the appropriate court
- We will answer the debtor's objections and prepare pleadings
- We will represent you during the trial
- We will obtain a positive outcome of your case
- We will start the enforcement procedure
- We will locate and secure the debtor's assets
- We will indicate to the bailiff the secured assets of the debtor
- The money will come to your account
As a law firm, we have conducted thousands of such proceedings, and we treat each subsequent case as a new challenge. We will be happy to take on yours. Contact us, tell us about your case, and we will guide you further.
Judicial debt collection
Have you been trying to recover money for a long time? Cannot make contact with your debtor? We treat every such case as a new challenge. We will also gladly undertake to solve your problem. Find out what activities include judicial debt collection. We will guide you through the entire process until the money is returned to your account.
What is judicial debt collection?
Debt collection usually begins with an amicable stage. It consists of contacting the debtor and motivating him to repay the debt. This may take the form of telephone calls or personal visits to the debtor’s place of residence or work. When amicable actions do not produce results, it is time to take legal action. As the name suggests, debt collection begins at this very moment.
Judicial debt collection – stages
It is worth knowing that debt collection does not happen right away. It is a series of steps that require preparation and the involvement of not only the debt collection company but also a law firm. The process of judicial recovery may be divided into consecutive stages:
- recommendation to refer the case to court – at this stage, our debt collectors inform you about the course of the amicable stage of debt collection; taking into account the debt, the type of activity of the indebted person, as well as other factors, our experts make recommendations to refer the case to court,
- creditor’s decision – of course, without your consent the case will not go to court; we realize that this is not the simplest decision; it requires a number of preparations for court proceedings,
- preparation and filing of the statement of claim – if our recommendation is accepted by you, the debt collector contacts the law office; at this point, the process of collecting the necessary documents begins; after receiving the documentation from you, the lawyers prepare a statement of claim
- issuance of a payment order – after filing a statement of claim, we wait for the court to issue a payment order, which will be sent to the debtor; if the debtor does not raise an objection, the order is final; in this case, the law firm applies for an enforcement clause; otherwise, usually a court hearing is necessary
- enforcement – after the enforcement clause is issued, the law firm sends a request for the initiation of enforcement to a bailiff; the process may end with the recovery of the entire claim or with discontinuance of the proceedings if it is not possible to obtain the entire amount due.
Despite its complexity, court collection is often the best and only way to recover a debt. Most creditors still do not go to court and never recover their money. For this reason, the effort spent on this process can be very worthwhile.
Time and cost of court collection
It is hard to quantify the time it takes to complete the entire process. The court proceedings are usually a period of about several months. This time, however, depends on the complexity of the case, the occupancy of the court, and many other factors. Once the order has become final, it can take two to four weeks to issue a writ of execution.
The duration of debt collection is by far the most difficult to estimate. Depending on the size of the debt and the debtor’s financial situation, the time it takes to complete the bailiff’s actions can range from a few months to even a few years.The first costs associated with the process come when the lawsuit is filed in court. This is when the stamp duty, the fee for the lawsuit, and the first part of the attorney’s fees are charged. The second part of these costs comes when an order for payment is issued. If the debtor files an objection to the court, then the amount of money needed can increase significantly. In this case, you need to take into account the costs of moving the case to the ordinary mode and travel to the hearing.