Minh Khue Law Firm’s lawyers, collaborator, legal experts, economic experts have the ethical quality of professional practice, always listen and take care about client service to achieve the best results. The procedures to receive payments under the contract or the legal agreement, our service contents of debt collection are outlined below as follows:
1. Classification of debtor against debt recovery service:
- Individual claims individual;
- Individual claims organization;
- Individual claims business;
- Organization claims individual;
- Organization claims organization;
- Organization claims business;
- Business claims individual;
- Business claims organization;
- Business claims business;
2. Clasification of debts:
- Debt arising from asset borrowing but not returning
- Debt arising from contract violation (including all types of contracts)
- Debt arising from from non-contractual liability. . .
3. Documents receipt:
Documentation steps are includes:
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+ As for businesses, the document includes:
Business Registration Certificate and all debt documents (If any) such as: Contract, invoice, , delivery note, debt confimation and so on. . .
+ As for individuals, the document includes:
Idendification Card and all debt documents (If any) such as: debt certificate, debt promissory note, loan papers, and purchasing documents.
All supplied documents must be copy ones, original documents will be kept by clients. We are not responsible for preserving the original documents, the originals of clients)
- To give specific information of the debt: As the attached form
- After receiving a debt document and finding out the legal strength, we will sign a contract for supplying the legal service of debt collection. Additionally, the client will authorize our lawyer's office to claim the debt. We’ll supply all documentation procedures on behalf of client.
4. Settlement of Debt document:
After receiving a full document, Minh Khue’s laywers will proceed the following process:
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a. The first step is to verify the debt document::
- Verifying the legality of the debt profile is to review whether the clients’ entire debt documents have enough legal bases or not.
- Verifying whether the debtor may exist or not. For example: If the debtor is an individual, that person is alive or dead , or he/she lives pernamently in that area or moves to elsewhere. If the debtor is business, it is still under operation or moves to another location, or is bankrupted.
- Preliminarily verifying the debtor’s payment ability: For example: If the debtor is a business, the business has assets or not, is debtor of others or no, or fall into bankruptcy process or not. If debtor is an individual, does he have car or house or not?
- If we find that the debt document doest not have enough legal basis or the debtor no longer exist in practice, we will send back an official document to the client.
- Verification period of each document is not over 30 days from the receiving date of complete document.
- Within verification period, we still proceed debt collectin if the debtor is willing to pay. If the debt is collected during this period, the clients are required to pay compensation to us
b. The second step is to negociate for debt collection:
- After verifying the documents, we contact the debtor by sending email or discussing the debtor directly. At this time, if the debtor has goodwill of paying back the debt, we’ll negociate for an agreement among three parties if the debtor agrees.
- On the other hand, if the debtor does not have goodwill of paying back the debt, we will take the necessary legal procedures to sue the debtor to legal authorities if the creditor required.
c . The third step is the debt collection:
After approaching the debtor to negociate for debt collection and the debtor does not have goodwill of paying the debt, we will carry out the legal procedures to facilitate the debt settlement as follow:
- Making the petition
- Filing the petition
- Participating in the case when the court summons
- Giving a guide for procedure request
- The client must cover the cost of the case (court costs, fees and othes, if any)
- During this period, we will appoint a representative to court on behalf of client and appoint lawyers involved in court to protect the interest of the clients if necessary.
>> Bản dịch từ: Luật sư tư vấn thu hồi nợ cho doanh nghiệp
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