My expertise in debt collection is grounded in my work as a court secretary, in the course of which I independently decided enforcement, liquidation and bankruptcy (reorganisation) cases. My experience broadened further, first as in-house counsel and then as an attorney-at-law, through the legal services I have provided to numerous commercial banks, debt collection companies, other businesses and individuals.
My main services in this area include:
- legal representation at the stage before a claim is enforced and attempts at out-of-court resolution (facilitating negotiations between the parties; drafting acknowledgements of debt, assumptions of debt, settlement agreements and letters before action)
- legal representation in civil lawsuits brought to enforce claims, in order for payment procedures (conducted by civil law notaries), in enforcement proceedings, and in bankruptcy and liquidation proceedings
- enforcing claims against third parties other than the debtor (in particular pledgors, sureties, members of business companies, and parties to contracts detrimental to creditors (actio Pauliana))
- building security into contracts to encourage voluntary performance by the debtor (e.g. pledge, suretyship, bank guarantee, security deposit, earnest money)
- legal support for restructuring credit, loan and leasing agreements and the related security agreements
- legal support for the assignment of receivables and the due diligence that precedes it
- drafting payment arrangements (e.g. instalment agreements) and related unilateral declarations (e.g. written acknowledgements of debt) for debtors who fail to pay or pay late
- assisting debt collection companies in designing collection processes and in reviewing and optimising existing processes
- developing the legal framework (e.g. process and legal documentation) for alternative methods of selling receivables (e.g. competitive price bidding, electronic auctions)