Control
Judicial recovery
A key factor in all situations
The constant increase in late payments and the rise of insolvent companies or individuals threaten business and have a direct bearing on cash accounts. The consequences for business can sometimes be very unpleasant indeed.
In many situations, and despite all the efforts made to negotiate a settlement out of court, you have still not collected the payment you are owed.
So, it is necessary to commence enforcement proceedings to recover the debt. Unlike a negotiated settlement, which involves politely but firmly prompting your debtor to pay, the purpose of enforcement proceedings is to constrain the debtor to settle the debt.
We can help you with your enforcement proceedings. Our experts draw on their extensive legal training to help you achieve the result you are looking for.
Number of formal notices to pay/year
Number of court referrals/year
Financial loss/year
Straightforward & complex at the same time
When enforcement proceedings are instituted to recover a debt, a higher standard of expertise is required:
- Expertise in LP (federal act on debt enforcement and bankruptcy)
- Understanding of legal procedures in the event of an objection to a formal notice to pay (summary proceedings, action for acknowledgement of debt, etc.)
- An ability to devise suitable action plans and capacity to appear in court as part of summary proceedings or action for acknowledgement of debt, etc.
- Good knowledge of bankruptcy proceedings
To boost your chances of success in the proceedings, you must be able to show that your claim is:
Certain : its existence is undeniable
Qualifiable and quantifiable : its amount can be valued
Due : the due date of the notice has passed; the claim is not time-barred
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