In the present life, the issue of transactions or loan contracts is always accompanied by the inability to repay the debt. Therefore, Minh Khue Law Firm provides clients with settlement lawyer service, initiates debt collection and debt recovery for clients' reference.
To thoroughly resolve the risks that may arise in the process of borrowing money, borrowing assets not only between individuals, but also between individuals and organizations, or between organizations. Therefore, if the negotiation and reconciliation between the parties are unsuccessful, then it is necessary to have a service provider who can be a consultant or can be a representative to perform debt collection and debt recovery through competent state agencies (suing at the Court or Arbitration Center) to handle this issue.
1. Cases requiring advice to settle the debt collection or debt recovery
Minh Khue Law Firm assists clients with legal issues related to the settlement of debt recovery, requiring the obligor to fulfill obligations first of all by the time limit as agreed by the parties, then comply with the provisions of the law if the parties do not have an agreement or the agreement is not in accordance with the law.
Cases of consulting requests to settle debt collection or debt recovery that Minh Khue Law Firm regularly resolves include:
- Consultation on settlement of debt collection between individuals and individuals with contracts, loan papers or without contracts but with verbal agreement, with accompanying evidence such as bank transfer receipts, audio recordings, video recording, witnesses, ...;
- Advising on debt collection between individuals and businesses, agencies and organizations in accordance with law;
- Advising and guiding how to settle debt collection or debt recovery of businesses for individuals or organizations;
- Consulting, solving problems arising in the process of debt recovery, requesting the payment of debts, payment of contracts between businesses together or between organizations together;
- Orienting ways of handling and resolving disputes about the performance of payment obligations between the party having business and commercial contracts according to the provisions of law;
>> See also: Legal consultancy on civil cases litigation at the Court
- Advise and solve some other legal issues according to each client's specific requirements.
2. Cases of initiating lawsuits to collect debts or recover debts
Under current law, there is no provision that limits or prohibits the filing of a petition to the Court or the Arbitration Center as agreed between the parties in the original contract or transaction.
Therefore, when the time limit to pay the contract has ended and the obligor (including individuals, businesses, organizations, agencies) does not perform their obligations on time, there is no agreement on the extension or there is an agreement on the extension but the obligee does not agree, the subject has the right (the creditor, the party with the right to request payment) can file a petition in accordance the legal order and procedures for debt collection and debt recovery with the aim of ensuring their legitimate rights and interests.
Debts can arise from loan contracts, loan papers, verbal loan agreements, from economic cooperation contracts, commercial contracts, and other debts arising from responsibility to pay compensation for non-contractual damages, ... With all these debts, the debt-claiming parties and debt recovery parties may initiate lawsuits at competent agencies.
>> Lawyer for debt collection, debt recovery, call: 1900.6162
3. Lawyer settlement, initiating lawsuit against debt collection/recovery service of Minh Khue Law
When clients have a need to use the lawyer settlement, initiate lawsuits for debt collection or debt recovery service of Minh Khue law firm, our team of lawyers will implement the service process as follows:
Step 1: Communicate with clients, carry out research on the documents provided by clients
In this step, the lawyer will conduct research on the documents, papers and evidence that the client provides to give a relative conclusion about the case of the client such as: Whether the client is eligible to sue or not? Which agency has the authority to settle debt collection and debt recovery for the client? Should the client sue or just conduct mediation?
In order to answer the above issues, both client and lawyer need to study carefully the documents, exchange information, verify whether the debtors are still alive (for individuals), and still have business activities (for businesses, organizations), who is the person being sued in this lawsuit? From there, check and collect information related to the ability to pay debts and pay contracts or not?
The final task in this step, the lawyer will conduct analysis, assess the advantages and disadvantages of the client to be able to predict the legal issues that may arise during the settlement process, At the same time, the lawyer can provide handling options for client to choose to ensure the best interests for the client.
Step 2: Meet the party who is obliged to pay, the debtor
This step is only done when and only if:
- Clients have not done any negotiation or reconciliation;
- Clients have negotiated, reconciled, negotiated with the debtor many times, had repeatedly sent notices, documents requesting debt payment, debt repayment but could not come to an agreement. After carefully studying the case file, the lawyer found that there is a basis for negotiation and mediation, both the creditor and the debtors are mutually beneficial.
Step 3: Carry out procedures to initiate lawsuits at competent state agencies
If the negotiation and reconciliation is not successful, the lawyer will conduct the following tasks in turn to resolve the case of debt collection, debt recovery for client in accordance with the law:
- Completing the petition to the competent authorities, attaching documents and evidence;
- On behalf of the client or instruct the client to submit the file by himself/herself at the competent state agency as prescribed. Of course, the lawyer will instruct the client to use which form of application is best (directly, by mail, express delivery, via the online portal or through the representative) so the client will have the most suitable option;
- Guiding or on behalf of clients to pay court fees and other fees to competent agencies at the prescribed legal fees;
- Participate in resolving a debt dispute and debt recovery case to protect clients' rights within the legal service contract signed with customers;
- Advising or completing the petition, the application file for execution of judgment execution or the appeal or petition requesting the competent state agency to protest according to regulations;
- Consulting and answering, supporting clients to handle all problems in debt collection and debt recovery process.
Step 4: Finish the service contract-liquidation contract
This step is only done when the parties have completed the rights and obligations specified in the legal services contract. The client side is obliged to pay the service cost to Minh Khue law firm.
4. Service cost for lawyer settlement, initiating lawsuits for debt recovery
The cost of using lawyer services to resolve, initiate a lawsuit for debt collection, debt recovery that clients need to pay is provided by law firms, law offices or may be due to the parties' negotiation and agreement with each other but it depends on the following main factors:
- Quality of service of law firm, law office providing lawyer services;
- Experience, reputation, expertise, skills of lawyers assigned to solve customer cases;
- Time to settle and initiate lawsuits, implement relevant legal issues in the process of initiating lawsuits at Commercial Arbitration Courts / Centers;
- Objective circumstances, which can be complex or simple of debt collection and debt recovery of clients.
- Estimation of travel expenses, collecting papers, and evidence related to the case.
Thus, the rate of service costs of lawyer settling, initiating lawsuits for debt recovery, debt collection will be agreed upon between the service provider and the client to provide reasonable and mutually beneficial costs for the parties, based on the basic factors mentioned above.
5. Benefits of using lawyer services of Minh Khue law
One of the most important benefits that clients get when using lawyer services of Minh Khue law firm is that the quality of service is ensured, the content of consultation is accurate and highly effective by the law team. Lawyers have many years of experience, professional expertise and skills.
The information of clients will be committed to absolute confidentiality, this is one of the principles of customer support on our side. Customer service is provided from the beginning of the debt collection request, debt recovery until the end of the case, or until the client receives the debt, received payment from the debtor as agreed by parties in legal service contracts.
Clients can refer to the list of lawyers, legal advice, services provided by Minh Khue Law Firm on our Website: https://luatminhkhue.vn
to better understand the quality the amount of service we bring to you.
We hope to be a fulcrum, a place to settle debt claims, sue for debt collection or recover the best debt for clients. Please contact us immediately via phone number: 1900.6162
for the most timely and accurate legal support.
Civil Law Department - Minh Khue Law Company
>> See also: Advice on procedures to initial a law suit on economic - commercial business cases