It is a common understanding that chasing overdue debts or payment is really challenging and frustrating. There are so many cases in which debtors try to hide their assets, ignore payment obligation, or use other ways to avoid paying debts. Thus, looking for a lawyer to solve debt collection matter is become more common.
What is debt collection ?
As you know it have 6 steps to collect your debt in Vietnam. So, what is debt collection?. Debt collection means that creditors request creditors (individuals or organizations) on debt to pay creditors with due or overdue money or assets under contracts, agreements or under decisions of agencies. State competent authority. For businesses, the debt collection is very important to decide the survival of the business. Because debt collection helps businesses ensure financial stability, profits as well as financial plans, business plans. For individuals, debt collection helps creditors avoid loss and loss of property. In addition, it also helps creditors to build plans to use finance in the future, as well as ensure the lives of families and themselves.
Debt collection lawyer in Vietnam
In Vietnam, there are currently two popular ways to collect and recover outstanding debts. The first is litigation way, which is to submit a petition to a court and solicit assistance. It is a long and time-consuming process, and when there is a verdict from the court, debtors have already sold out their assets or transferred to another, or they have gone bankruptcy, and nothing left for creditors to collect. The second way is to ask a debt collection or collection company for help, and most of us understand what actions this kind of company usually take is violence and “mafia-like”.
Taking legal action to reclaim a debt should be a last resort, and often the threat of doing so is enough to make your customers pay you. However, if your company’s usual ways of recovering debt have failed, there are things to consider before beginning the legal process. The court often expects your company to make an effort to sort out your dispute with the other party before your company take legal action. This means that court action only takes place after your company have tried to reach an agreement with the customer.
Commercial business is also based on debts and credits, influencing the revenue and profit of the business. In the recent times, companies and firms face a major problem in debts collection, especially bad debts. In such a situation, it becomes necessary for the aggrieved party, company or business owner to look out for a lawyer to appraise them of the legal rights available to realize these bad debts, if you are owner of a company check this advises to manage your finances better.
- Initial advice on bad debt collection.
- Detailed advice on legal proceedings.
- Court and Legal Enforcement Agency proceedings.
- Cooperation with competent authority to seize property, freeze the bank account, claim for the bankruptcy.
Do not hesitate to contact us when you want to recovery your debt in Vietnam
Debt collection measures must be legal, effective and a combination of lawyers’ skills and skills to successfully resolve complex disputes and cases at many different authorities. Depending on each case, there are work plans to suit each specific situation.
Personal debt collection: First of all, it is necessary to determine whether the loan documents are legal or not. When is this loan document prepared to consider the statute of limitations in case of lawsuits and the prescribed interest rates. Debt is in money or in property, right to use property and with or without obligation. There is a fraudulent act in borrowing, or fraudulent element of appropriation of property, to determine whether the act is civil or criminal.
For corporate debt collectors: First of all, it is necessary to understand clearly whether the transaction contracts between the parties are legal or not, the time of signing the contract to determine the statute of limitations in case of lawsuits. documents between the parties to determine the debt, invoices, vouchers, import-export bills to prove the product has been delivered to the debtor, determine the dispute settlement competence of the Court or Center.
Why do you need debt collection lawyer?
- The work is done by a lawyer who is professionally trained, experienced, brave, flexible, and operates on the legal basis so that clients do not have to encounter problems arising in the debt collection process.
- The customer recovers the debt and still maintains the relationship with the debtor (partner).
- Save time
- Low cost (fee is paid after debt collection)
- Handle flexibly with many different subjects in terms of age, occupation, education level, social status
- Dare to take on difficult cases: the object moves to the locality, the head office, the hiding place or the dispersal of property …
- Receive instructions on how to prevent bad debts from arising
- Exemption or reduction of fees when using other legal services
- Improve the reputation and honor of the business itself (customers)
- Successful debt collection not only deters partners intending to appropriate capital and debts, but also helps businesses develop sustainably
Do not hesitate to contact us when you want to recovery your debt in Vietnam
Debt collection solutions
Debt collection consulting lawyers by negotiating method: If the parties negotiate and negotiate successfully, the parties will continue to keep a good relationship, avoid harming health, psychology, and spirit. , help parties save money, time for other things.
Debt collection consulting lawyer by lawsuit method: This is the measure used when the negotiation effort fails to negotiate. This measure will waste time, effort and finance of all creditors, so it is necessary to do it properly and carefully in order.
Debt collection consulting lawyer by denunciation method: This is an extremely effective method but also a double-edged sword for people who use this method. However, there are cases where after denouncing the denunciation, the debtor has fled or the business is suspended, dissolved or terminated, leading to difficulties in debt collection. There are also cases that due to lack of understanding of the provisions of the law, whistleblowers will be denounced again for slandering or defaming the creditors’ honor.
Pre-litigation:
- Lawyer the creditor to request payment
- Lawyer represent the client to working in person to negotiate, persuade and require debt collection.
- Advice and instruct the available solutions for repayment
- Advising to implement the civil proceedings or criminal proceedings, depending on the nature of the transaction arising overdue debts.
Litigation
In case of debt collection through litigation, lawyer will help customer:
- Draft petition and other papers relating to the collection of debt;
- Represent client (individuals and organizations) to submit the petition to the Court and the competent authorities to recover the debt;
- Appoint attorney to participate in protecting the legitimate rights and interests of clients (individuals and organizations) at the Court at all levels;
- Represent client (individuals and organizations) to participate in judgment enforcement