windykacja należności

Debt collection

We have many years of experience in debt collection. We handle this professionally and, of course, fully legally.

We work with both individual clients and businesses, providing comprehensive assistance at every stage of the debt collection process. We are a trusted partner for our clients, guaranteeing full commitment and effective legal solutions.

Trust our expertise and enjoy financial peace of mind.

Debt collection process management.

What does our work in the debt collection process involve? We guide our clients from attempts to recover debts amicably to enforcing the debt through a bailiff. We provide support at every stage of the proceedings, keeping clients informed of progress and tailoring our services to their individual needs.
Our specialists will assist in recovering overdue payments, safeguarding our clients' interests. With many years of experience and an excellent understanding of legal regulations, we effectively represent our clients' interests. We operate professionally and diligently, striving to achieve the best possible results.

We provide legal services in the following areas:

  • analyzing claims in terms of enforceability and possible statute of limitations,
  • conducting amicable debt collection, including the possibility of mediation,
  • reporting debts to the debt registry,
  • preparing and overseeing the potential sale of receivables,
  • preparing and filing a lawsuit for payment,
  • representing the client before courts,
  • obtaining an enforcement clause,
  • initiating and overseeing enforcement proceedings.

Pacta sunt servanda (ad D. 2.14.7.7) – Agreements must be kept.

How does the debt collection process work?

Debt collection is, simply put, the process of recovering debts from a debtor when amicable methods or a court judgment alone have failed to secure the payment.
The entire debt collection process involves numerous legal actions, and their number depends on the debtor's behavior—specifically, whether they pay voluntarily or the matter ends with enforcement proceedings. Debt collection can be divided into soft collection and hard collection. What do they entail?

Debt Recovery through Soft Debt Collection

Payment Demand

Soft debt collection, which is also provided by our law firm, refers to actions aimed at amicable repayment of outstanding debt by the debtor, primarily involving the preparation and dispatch of payment demands. At this stage, it is often the case that the debtor decides to voluntarily settle the invoice or other dues. The demand itself is also crucial for further pursuit of claims. Why? In cases where the parties have not specified a due date for fulfilling a financial obligation, the obligation should be fulfilled immediately upon the debtor receiving the payment demand. Therefore, without this action, we should not seek repayment.

 
From the end of the repayment deadline specified in our payment demand, we also have the right to claim interest for late payment. The payment demand plays an important role in order-for-payment proceedings. According to Article 485 §1 point 3, the court issues an order for payment in such proceedings if the facts justifying the claim are proven by a payment demand attached to the lawsuit and the debtor's written acknowledgment of the debt. It often happens that debtors, in response to our letter, acknowledge their debt. This acknowledgment provides a basis for issuing an order for payment in such proceedings, significantly speeding up the debt recovery process and being more cost-effective than standard or warning procedures. Current civil procedure even requires an attempt at amicable dispute resolution, which includes sending a payment demand to the debtor. Otherwise, the statement of claim must explain why such an attempt was not made.

Types of hard debt collection

Debt Collection through the Debt Registry

If the payment demand or negotiations with the other party do not meet expectations, as part of hard debt collection, the creditor has the right to report the debt to the debt registry maintained by the Economic Information Bureau (BIG). Such a listing in the registry involves notifying institutions like banks or insurance companies about the debt. In some cases, merely notifying the debtor of the intention to make such a report results in voluntary payment.

Sale of the Debtor's Debt

As part of hard debt collection, before the matter is referred to court, the creditor has the option to offer the debt for sale on a debt exchange, which leads to the public disclosure of the debtor's information. This often results in the debtor losing credibility in the eyes of business partners or institutions.

Debt Collection Process within Court and Enforcement Proceedings

If the previous steps prove ineffective, hard debt collection will then involve court proceedings and potential enforcement by a bailiff. We initiate court proceedings by filing a lawsuit against the debtor and continue with the legal process until a final judgment is obtained, awarding the claimed amount, along with interest for delay and court costs, including legal representation fees. If the defendant fails to pay the awarded sum and costs within the deadline after the judgment becomes final, our law firm submits a request for enforcement of the judgment and subsequently a request to initiate bailiff enforcement. Of course, all stages of the collection process are regularly coordinated with our client.

Debt Collection Costs

The costs of debt collection depend on the actions agreed upon with the client and, most importantly, on the debtor's response. In some cases, the debtor may voluntarily settle the obligation after receiving the payment demand, thereby ending the collection process at an early stage.

Within soft debt collection, only the law firm's fees should be considered. However, in hard debt collection, additional costs will include court fees, enforcement costs, and fees for registering the debt in the debt registry.

Why our law firm?

We are a law firm bringing together legal counsels and attorneys who specialize in effective debt collection. We fully understand the debt recovery process and execute it efficiently. By entrusting us with your matters, you can be confident that we operate in full compliance with the law and approach your case with individual attention. You will be kept informed of the progress in the collection process, the repayment of the debt, and any costs, which will be communicated before they are incurred at every stage of the recovery process. We guarantee regular contact and full transparency in our actions.

We also encourage individuals with debts managed by our law firm to reach out. Together with our client, we will attempt to negotiate a solution that satisfies both parties.

If you have any questions, feel free to contact us at: kontakt@kancelaria-jp.pl. You can find more information about debt collection on our blog.

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