Debt collection, court proceedings
How to act when a settlement occurs with you and the debtor does not return the money to you?
Of course, to begin to resolve the issue peacefully. Sometimes this is how it helps to save your time, money, and most importantly, your relationship with your partner.
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Debt sooner or later inevitably appears in the life of every business. Often, such a "phenomenon" is encountered by a person in his everyday life. In addition to the fact that debt negatively affects the financial position of the creditor, debt can destroy relations between relatives, acquaintances and partners
The best recommendation to avoid debt and, as a result, damage to relations is not to avoid borrowing funds, but to correctly and properly formalize contractual relations (contract, receipt). Although sometimes even these preventive measures do not work and the resolution of disputes in court can not be avoided ...
How to act when the time of settlement with you has come, and the debtor does not return the money to you?
Of course, it is necessary to settle the issue peacefully. Sometimes this method helps to save your time, money, and, most importantly, your relationship with your partner.
What does the procedure for collecting debt peacefully look like?
- We help you make a claim on your behalf, in the name of the Debtor;
- We send the claim directly to the Debtor;
- You receive your funds from the Debtor (as a response to the claim).
The above scheme is ideal, but it is rare.
Debt collection by peaceful means can take place in several stages: through negotiations, multiple sending of letters and receiving responses to them, bilateral approval of the debt repayment scheme and, as a result, the creditor receives the debt from the debtor.
If the dispute could not be settled peacefully, there is a need to apply to the court with a claim for debt collection.
What is the procedure for collecting debt from the debtor by applying to the court?
- We prepare a statement of claim and send it to the court;
- The case is decided in court by correspondence and participation in court sessions;
- The result of the decision of the case is the decision of the court;
- After receiving the court enforcement document, you can expect a refund by the debtor.
Please note that receiving a positive court decision and enforcement document is not a guarantee that the debtor will immediately return the money to you. Repayment of debt primarily depends on the financial situation of the debtor. In case of insufficient funds of the debtor, the procedure of compulsory debt collection may be delayed for some time, although in most cases its result is successful.
Despite the fact that the receipt of funds from the debtor depends as much as possible on its financial condition, we strongly advise you not to delay contacting lawyers for qualified assistance until the debtor independently creates a "lack of funds".
Despite the existence of several options for solving the problem of the debtor's debt to you, the priority way, of course, is a peaceful pre-trial settlement of the dispute. Therefore, we will make every effort to save you money, nerves, time and relationships with your lender.
Along with the laws of the state there are laws of conscience, fills gaps in legislation.
- Henry Filyuing
The legal issues should be addressed not to reason, and to lawyers.
- Robert Lembke
Legal profession is that all call into question, with nothing to disagree and endlessly talking.
- Thomas Jefferson
When the validity of disappears, then there is nothing that would give value to people's lives.
- Immanuel Kant
The law - the majestic statue, in front of which the removed his hat, but pass by.
- Hippolyte Taine
The best constitution for the people is the one to which he was accustomed.
- Jeremy Bentham
To teach people to love justice, we have to show them the results of injustice.
- Adam Smith
Soft rarely obey the laws, and severe - are rarely enforced.
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Equality - a right, but no power on earth will not make it a fact.
- Honore de Balzac
Justice is the constant and unwavering will to render to each his due.
- The ancient aphorism