Whether you are a creditor or a debtor, debt recovery procedures can be complex and stressful. Our law firm is here to guide you through each step of the process, providing clear legal advice and effective representation.
The debt collection procedure is the first official step to recover an unpaid debt. Whether you are a creditor seeking to recover funds or a debtor wishing to defend against an unjust procedure, this step is crucial. Our lawyers will help you understand the actions to take to assert your rights, as well as the deadlines and formalities that must be respected.
Once the procedure has begun, the creditor must file a debt collection request with the competent Debt Collection Office. This official document requests that the office notify the debtor that a procedure has been initiated against them. This process must be carried out precisely, as any errors in the request can result in delays or the annulment of the procedure. We will guide you in drafting this request and explain the key elements that must not be overlooked.
After filing the debt collection request, the debtor receives a payment order, which is a formal injunction to pay the claimed amount. This step can be decisive, as it requires the debtor to either settle their debt or contest the claimed amount within a legal deadline. If you are a creditor, we will assist you in drafting a rigorous payment order. If you are a debtor, we will inform you of the available defenses to contest the validity or the amount of the claim.
The debtor can choose to oppose the payment order, which temporarily suspends the recovery procedure. This opposition must be made within a strict deadline after receiving the payment order. For creditors, the opposition presents an obstacle, and it is essential to know the steps to overcome this opposition. Our lawyers are experienced in these procedures and can help you prepare the opposition or obtain the lifting of the opposition, depending on your situation.
The procedure for lifting the opposition is the next step if an opposition has been filed. The creditor must then prove the legitimacy of their claim before a judge to have the opposition lifted. There are two types of lifting: provisional lifting and definitive lifting, depending on the evidence provided (for example, a contract or an acknowledgment of debt). This phase is crucial for creditors who wish to obtain a favorable judgment quickly. We will assist you in building your case to increase your chances of success.
Debt collection and recovery involve many steps, each with its own rules and specificities. Our team of lawyers is available to assist you throughout the procedure, providing personalized advice and ensuring that your rights are protected at every stage. Feel free to consult the dedicated pages to learn more about each process and contact us for tailored legal assistance.
We are here to support you in managing your debt collection matters with professionalism and efficiency.
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