A certain percentage of cases, depending on the industry or focus of your business, will be resolved through the judicial process. There are cases where this instance is the only option and should be exhausted. You can not leave alone your debtor without paying, for it exists this way, and should be done wisely.
DEBT COLLECTION SERVICES develops for you a transparent legal process, since its inception to completion, through the execution of the sentence, being careful always in Summary of Field and objective, seeking to avoid you invest in a case beyond recovery.
You will be informed of the progress of each procedural stage, and our fee schedule will prevent him what sadly is the reality in most business offices or collection: you finish investing in a case that will not be charged, and ultimately the only thing that happened in your case is that the deficit grew.
Types of cases with which usually recovers an account:
• "Juicio Ejecutivo Mercantil": is the ideal way to litigate a case whose primary goal is recovery. Exerted on promissory notes and checks normally, but also includes other documents which entail implementation and situated within the term of maturity. Its great advantage is that the creditor can seize properties or goods from the legal notice to the debtor to ensure the demanded balance.
The remaining phases of the Law Suit takes about the same time as the Mercantile Regular Law Suite, however when they did carry out marking of goods during the service of process, the pressure on the debtor is the main tool to achieve recovery. Many times, even before the sentence achieves agreed with the debtor being able to pay, as it is interested in lifting the seize.
• "Juicio Ordinario Mercantil": This type of procedure is used to litigate the recovery of matters not covered by promissory note, check, or document that is enforceable. Mainly, this casesneed to be litigate over just Invoices, bills, receipts, and other documents that are usual in every industry. The purpose is to demonstrate that there was a business relationship, and frome that commercial or business relationship derived the debt.
A disadvantage of this method is that goods or properties can be seized only until the moment that the sentence is imposed, which sometimes can give the debtor time to escape, hide or even flee.
• Criminal Penalty Procedures: As the most of the cases came from credit sales, most times it is difficult to characterize a commercial matters to a criminal one, however there are specific situations where this legal concept is viable and where the definition of an offense is obvious.
Unfortunately, many lawyers in the middle offer its clients the idea that a returned check may "put in jail" their debtors and with this, collect their accounts, but the stark truth is that it is rarely possible, and in Instead, the Client has already cost the procedure, the "operational costs" and obviously the attorney's fees.
The criminal procedure against a bad debtor is a useful tool, but we must make it clear and well set, in very specific situations and not as a general rule is that you should use this valuable tool.
• Voluntary Jurisdiction: this an instance where there is no coercion by authority, but it acts as a figure with which and through which, the creditor is said claims payment to the debtor credit . In 95% of cases in which this pathway is relieved, it is a step towards the establishment of a regular trial. However, in some cases be achieved either payment or increase the trial to the Executive category.