A major problem in business is unreliable trading partners who do not pay invoices or significantly delay in payment. Our Law Firm provides comprehensive services in the field of debt collection with the fullest protection of the creditor’s interest in contact with dishonest debtor.
Our lawyers in an efficient way implement strategies to obtain full payment from the debtor and security. We provide legal assistance in the pre-trial recovery proceedings, as well as at the stage of judicial and enforcement proceedings. We begin each case submitted with a thorough legal analysis, which allows the development of an optimal procedure to be adopted. This allows maximizing efficiency with maximum reduction of costs incurred by the client. Wherever possible, we seek to obtain repayment of arrears in an amicable way, as it provides the fastest, cheapest and the most effective satisfaction of the creditor.
We participate in negotiations between the parties, which aim to induce the debtor to voluntarily pay debts in full or lead to debt restructuring. Debt collection procedure requires special diligence in case of debtors with whom the client intends to continue cooperation. The aim of our activities is the full protection of the interests of the creditor at any stage of the proceedings.
Our services in the field of debt collection include, in particular:
- preparation of legal opinions concerning the advisability of pursuing a claim in court;
- preparation of pre-trial requests for payment;
- representation of clients in negotiations for an amicable debt repayment;
- making arrangements for repayment, including debt restructuring;
- preparation of summons including summons in electronic admonition proceedings;
- legal representation;
- preparation of remedies in judicial proceedings;
- preparation of applications for levy of enforcement;
- preparation of means of redress in enforcement proceedings;
- preparation of applications to undertake actions in enforcement proceedings;
- performing support activities for bailiff action;
- counteracting debtor’s actions undertaken to render execution ineffective (action paulienne, notice of the commission of the offense)
- constant monitoring of the enforcement proceedings;
- preparation of applications for the debtor’s obligation to disclose assets;
- preparation of reinitiated enforcement proceedings.
We also undertake informative activities to determine the financial condition of the debtor and his capacity to pay. It is important to identify the cause of failure of the debtor to make payments or his insolvency. Determination of possible intentions of the debtor or potential threats to his functioning enables us to take appropriate legal measures (e.g. dividing debt into installments, an application for a declaration of bankruptcy of the debtor, notice of the commission of the offense).
In order to obtain information about the Firm analyzes data contained in:
- registration documents of the company, including, in particular, documents on its representation, the core business and annual financial statements;
- land and mortgage registers on ownership of real property and mortgage burdens;
- National Register of Insolvent Debtors;
- bankruptcy department of a competent district court.
In many cases in order to effectively carry out the execution it is necessary to take action in the form of actual active search for movable and immovable assets of the debtor in order to indicate them to the bailiff conducting the proceedings. Often it is also necessary to take action in order to determine the address (registered office), or actual residence or conducting business activity of the debtor.
Discovery of actions to prevent the execution requires particular care in safeguarding the interests of the client. Often, these activities can be rendered ineffective or a notification for criminal prosecution may be submitted, which has a significant impact on the course of enforcement proceedings. We also verify the possibility of setting up different companies by the debtor in order to render the execution ineffective, which can be the basis to take appropriate legal steps. In the case of discovery of the debtor’s assets as a basis for enforcement proceedings, we make applications to start re-enforcement.
