Every business has faced at one time or another, a client who does not pay their debts. In these cases, our lawyers can undertake debt collection through extrajudicial and judicial actions.
Usually the first step in collecting a debt or an invoice is to send a letter or an out-of-court statement to the debtor as well as attempting to contact them by telephone.
Our lawyers will then choose which legal remedy is appropriate to collect the debt. In other cases a payment order may be possible and in other cases an action from the invoices or contract will be required.
The option of issuing a payment order is always preferable because it is the quickest way to collect the debt. However, it is not always possible. It requires the signature of the recipient of the service or product to be on the invoice and generally requires that the debt be evidenced in writing and directly.
In any case, our lawyers will advise you on the best way to do this and the costs involved. They will also inform you of the likelihood of success in collecting the debt.
Sometimes, when there is a fear that the debtor will get into a worse financial situation or try to sell assets to avoid paying, it is necessary to take out an injunction to secure your claim and collect the debt. The conservatory seizure of all the debtor’s property or the provision of a surety bond or even the registration of a lien on his property may be requested.
It is also sometimes necessary to file a complaint for creditor fraud when the debtor has made a sale of his property to avoid paying his debt.