MKLAW FIRM with a team of collaborating lawyers, legal experts and economists who meet the ethical qualities of practice, always listen and devoted to serving clients to achieve the best results. The method to handle a debt claim & The content of debt recovery service work outlined as follows:
2. Classify debts
The types of debts that our law company can take suit include:
- Debts arising from borrowing and borrowing assets but not paid
- Debts arising from breach of contract (Including contract types)
3. Receiving debt records
The way to receive debt records is through the following steps:
Clients provide all relevant documents of debt documents including:
+ If it is an enterprise, the file includes:
Certificate of business registration and all debt documents, if any, such as contracts, invoices, ex-warehousing bills, debt confirmation. . .
+ If it is an individual, the file includes:
Identity card and all debt documents as evidence, if any, such as: Certificate of debt, promissory note for loan and purchase documents. . .
Note: (You only provide debt records in the photocopy, clients will keep the originals of records)
- After receiving debt records and conclude there is a possibility to recover the debt. Our lawyer will sign a legal service contract with the client. At the same time, clients will authorize our company to claim the debt. We will provide all paper work to clients.
4. Handling debt records
After the application process is completed. Our law firm will conduct the following steps:
a. The first step is to verify debt records:
- Verifying the legality of debt records is a review of the entire document of debt provided by the client with legal basis.
- Verifying whether the debtor still exists in reality. For example: If the debtor is an individual, the person is still alive or dead or they are permanently resident in the locality or have moved elsewhere... If it is a business, is the enterprise still active or has ceased operations, or has moved its office to another place or has been dissolved or bankrupt?
- Preliminary verification of debt repayment capacity of debtors. For example: If the debtor is an enterprise, does the enterprise have a lot of assets, does it owe many people or does it fall into bankruptcy? If it is an individual, does that individual have a motor vehicle property
- Verification results show that one of the three conditions, such as the debt record doesn't have a legal basis or a debtor is no longer exist in fact, we will return the file to the client with a formal document.
b. The second step is to approach for debt collection negotiation:
- If it is valid through the debt verification process, we will conduct contact with debtors by sending invitations or meeting debtors directly. During this time, if the debtors are willing to cooperate in debt repayment, we will recover the debt by this agreement if the creditor agrees.
- On the contrary, in the time when we approach the debtors, and the debtors show their unwillingness to repay the debt, we will proceed with necessary legal procedures against the debtors to the legal agency if the creditors love bridge.
c. The third step is suing to claim the debt:
After approaching the debtors to negotiate debt recovery, if the debtors do not have the willingness to cooperate in resolving debts, we will conduct legal proceedings to sue the debtor for resolving laws such as:
- Make a petition
- File a lawsuit
- Participate in lawsuits when a court order is issued
- Instructions for making application for judgment execution. . .
- During this period, we will appoint a representative to court on behalf of the client, and will appoint a lawyer to attend the court to protect the rights of clients when necessary.
5. Remuneration and Payment Method
a. Remuneration is calculated as follows:
- Claiming debt through negotiation and agreement, the remuneration will be calculated from: 10% to 15% of the total value of debt collected. Depending on the complexity of each profile
- Claiming debt by filing a lawsuit, the remuneration will be calculated from 20% to 25% of the total value of debt collected depending on the complexity of each record.
b. Payment method of remuneration:
There are two methods of payment of remuneration: the debt collection fee according to the negotiation procedure and the debt collection fee according to the litigation process.
How much debt is negotiated with the debtor, the percentage of the payment is deducted there.
Method of payment of remuneration according to the claim procedure:
Clients must pay us 5% of the total value of the claim before submitting the petition until the case has a decision or judgment of first instance or appeal.
After the case has been adjudicated by a decision or judgment has been enforced. In this period, if the debtor voluntarily pays, we continue to collect debt for the customer, if the debtor does not voluntarily pay the debt, we will make a request to the enforcement team for enforcement.
The above is only the most general regulation. Clients wishing to sue for debt, We will sign with a formal contract with the content fully defined rights and obligations on both sides, remuneration and payment method will be agreed again clearly.
Translated from: Luật sư tư vấn thu hồi nợ cho doanh nghiệp
Clients wishing to use the service please contact us directly:
Add: Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi.