The legal process consists of 3 phases.
An amicable collection, amicable lawyer and a judicial phase. By default, we start every case with the amicable phase. This is the fastest and cheapest way to recover a debt. If this does not yield any results, you can choose to continue the procedure through the judicial route. Before proceeding with a summons, however, we conduct various investigations, including a solvency investigation. In this way we try to minimize the risks and costs of legal proceedings.
Amicable collection
Reminder 1
Within 24 hours of entering your case, a law firm will send an initial demand letter. The more recent the debt claims, the more likely the case will be settled without court proceedings.
Reminder 2
Two weeks later, a second dunning letter departs from the law firm. Sending dunning letters has the added benefit of verifying the debtor’s address and verifying the validity of the claim. If there is a dispute, it will most likely already be expressed in the reminder phase. Thanks to the formal notices, we already know a lot of useful information and, in case of temporary insolvency, we can consult to authorize a repayment plan.
MINCA or judicial
After 2 reminders, we review the size of your outstanding debt. For small amounts, we recommend the MINCA phase. In this phase, a local bailiff is appointed who visits the debtor and/or delivers a reminder. For larger amounts, you can proceed to the judicial phase. A court judgment is still the only enforceable remedy and your best guarantee of payment.
Amicable lawyer
Reminder 1
Within 24 hours of entering your case, a law firm will send an initial demand letter. The more recent the debt claims, the more likely the case will be settled without court proceedings.
Reminder 2
Two weeks later, a second dunning letter departs from the law firm. Sending dunning letters has the added benefit of verifying the debtor’s address and verifying the validity of the claim. If there is a dispute, it will most likely already be expressed in the reminder phase. Thanks to the formal notices, we already know a lot of useful information and, in case of temporary insolvency, we can consult to authorize a repayment plan.
MINCA or judicial
After 2 reminders, we review the size of your outstanding debt. For small amounts, we recommend the MINCA phase. In this phase, a local bailiff is appointed who visits the debtor and/or delivers a reminder. For larger amounts, you can proceed to the judicial phase. A court judgment is still the only enforceable remedy and your best guarantee of payment.
Judicial
Solvency study
After the second summons, we ask a local bailiff to conduct a solvency investigation. It only makes sense to summon the debtor if he has money or assets.
Retrieval of supporting documents + check indicators
If the bailiff’s solvency investigation is positive, we request supporting documents and conduct a preliminary investigation to assess the risks. This preliminary investigation includes checking a number of blinkers such as the age of the claim and the whereabouts of the debtor.
Subpoena, hearing & verdict
We hand you the results of the preliminary investigation and ask if you want to start the judicial phase. If so, we ask the bailiff to subpoena your debtor. The summons is an authentic act of the bailiff summoning one or more parties to appear in court. A hearing date is set and, after the possible exchange of briefs, a judgment is finally rendered.
Signification + command
The bailiff notifies your debtor of the court’s judgment. He does this by handing over a copy of the judgment, called the “Invoice. Together with the Invoice the Order to pay will be issued. The other party now has 1 month to oppose or appeal and 1 month and 24 hours to pay.
Seizure + sale
The bailiff proceeds to seize the debtor’s property. From this moment on, the debtor is prohibited from selling or otherwise disposing of the property. A month later, the sale of the properties follows. If a first sale fails due to an installment, then a new sale day is set. This can happen several times.
