Debt Collection

What can a lawyer specialized in debt collection do for you?

 Inevitably, every business has to deal with clients who do not pay or pay poorly. Our lawyers specialized in debt collection have specific expertise and instruments to make your debt collection as efficient and effective as possible. This includes sending summonses, levying (precautionary) seizures, drafting writs of summons or conducting substantive defence. A lawyer specialized in debt collection must have thorough knowledge of contract law. After all, many debt collection cases stem from contractual disputes. After all, many debt collection cases stem from contractual disputes. Thorough knowledge of procedural law is also necessary to efficiently navigate the legal processes required to collect claims.

Thorough knowledge of insolvency law is also necessary for a lawyer specialized in debt collection to ensure the right steps are taken in case of (imminent) bankruptcy. Attachments and enforcement of court judgments is a specific part of the debt collection practice. It relates to the attachment of movable and immovable property, bank accounts or wages. There are various forms of attachment, such as conservatory attachment and executory attachment. Conservatory attachment is used as an interim measure pending a court ruling. A debt collection lawyer can help you draw up a petition for a conservatory attachment and advise you on the conditions such a request must satisfy.

In case of cross-border claims and foreclosures, we have sound knowledge of international private law. We determine which law applies to the claim and which court has final jurisdiction to hear the dispute. Knowledge of how to enforce a judgment abroad is crucial for effective debt collection.

Judicial debt collection by a lawyer specialized in debt collection

A debt collector can go straight ahead and initiate legal collection. Oftentimes, the costs thereof can be recovered from your counterparty. We file a claim with the court, accompany you to court and can eventually have the judgment enforced.

Our lawyers specialized in debt collection can assist you with:

• general terms and conditions and specific debt collection provisions;
• (conservatory) attachments;
• drafting and sending a notice of default;
• assessing a substantive defence;
• writing a writ of summons;
• assessing a substantive defence (in court);
• assessing a substantive defence in enforcement proceedings.

We are also happy to review your entire debt collection process and provide you with advice on your general terms and conditions so that you can collect debts even better in the future. Contact our lawyers specialized in debt collection Frank Omta or Martin Ueffing for more information.