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How debt collection abroad works
Debt collection abroad should follow a well-defined scheme. Proper planning of all activities is the way to favorably resolve most cases.
Properly conducted debt collection abroad takes place in 4 stages:
Preparation of documents proving the existence of a claim,
Attempts at pre-trial recovery,
legal proceedings,
enforcement procedures.
Delaying the decision to enlist the help of a debt collection law firm abroad can only prolong the recovery process. The creditor does not have the ability to independently assess the current financial situation of the debtor, let alone predict how it will evolve in the future. For this reason, the moment you notice payment delays on the part of your counterparty, it is best to immediately opt for the help of professionals in the field of debt collection abroad, time is of the utmost importance.
Assessment of the debtor's financial situation
At the very beginning of debt collection abroad, it is worth verifying how the debtor's financial situation is shaping up, for example, on the basis of available financial statements.
We will also ask you to provide all the information you have about the debtor and the documentation underlying the claim.
Call for payment
The next step will be to send a pre-trial call for payment of the amount due, interest and collection costs. In the letter we will set a deadline by which the money should reach your account.
Sometimes it happens that non-payment is due to an oversight or error, and after a call for payment - the proceedings end with a voluntary payment.
If attempts to resolve the matter amicably with the foreign counterparty prove unsuccessful, there is nothing left to do but to proceed with in court debt collection.
Judicial and enforcement proceedings
Thanks to the partner law firms with which we cooperate in many countries, we are able to quickly carry out the process of in court debt collection, such as by arranging for a lawyer to represent you in the relevant court.
After the case is accepted and the court issues an order for payment, we will apply for an enforcement order. On the basis of a final judgment with an enforcement clause, a bailiff can begin enforcement of funds through, for example, seizure of receivables in the debtor's bank account.
The role of lawyers in international debt collection
Numerous law firms located in Poland are engaged in the collection of debts abroad. Such activities are carried out in cooperation with companies located in other countries. Thanks to this, Polish legal advisors can obtain actual assistance from their foreign colleagues. As a result, undertaking effective debt collection and obtaining an enforcement order becomes much easier.
The activities of lawyers during the debt collection abroad are not limited to assistance in completing evidence or representation in court. Very often the obstacle to the recovery of money is the lack of opportunity to establish a dialogue between the creditor and the debtor. Due to economic relations characterized by negative emotions, most of the time entrepreneurs cannot reach an agreement without the help of third parties.
In such a situation, the help of professionals who, taking into account their own experience and financial analysis of the person in debt, are able to act in the interests of the creditor, proves useful. As a result, they obtain a real possibility of repayment - sometimes without court involvement.