EXTRAJUDICIAL RECOVERY
The first step towards effective debt recovery is always a letter of formal notice
We assist a large number of SMEs and individuals with the swift extrajudicial debt recovery. We have achieved great results for our clients, leading us to become an absolute certainty in this field.
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The slight threat of legal action alone persuades the debtor to pay or to agree a recovery plan with our Law Firm. The debtor must be immediately aware that either he or she adopts an instantly cooperative attitude or he or she will suffer legal proceedings and will therefore be forced to pay.
A letter of formal notice is the first step towards successful debt recovery. It is drafted by a lawyer and addressed directly to the debtor. The mere threat of legal proceedings – and consequently the potential increase in costs to the detriment of the debtor – makes it possible to obtain the latter’s active cooperation at once.
By issuing a letter of formal notice, the Law Firm places the debtor in default of payment, with the ensuing legal consequences. The debtor must be immediately aware that he must either pay without delay or face court action.
Entrusting a lawyer with the task of sending a letter of formal notice at an early stage, makes the threat of legal action credible and encourages the debtor to comply.
Upon receipt of the notice, the debtor is given only 7 days to pay. The lawyer’s intervention essentially ” triggers ” the debtor. The following is an example of a letter of formal notice:
“We are writing in the name and on behalf of _______ to solicit payment of the invoices ______ for the total amount of Euro _____ as compensation for _____ in addition to legal fees, all and any additional interest due. The payment shall be made in favour of our Assistance within and no later than seven days from the receipt of this letter by means of a bank transfer to the following coordinates _____. With the warning that, should this letter remain unanswered within the aforementioned term, we will be forced to take legal action to recover the above-mentioned credit, with a consequent and considerable increase in legal fees at your expense”.
The letter is always signed by a lawyer from our Law Firm and is sent by registered mail, in advance by CEM. In the event of failure to reply, the letter of formal notice itself is indispensable evidence for obtaining an injunction (i.e. a judge’s order to pay).
The Law Firm normally receives a formal acknowledgement from the debtor within the time limit granted. Will the debtor pay or not?
Should the debtor cooperate, the Law Firm will verify the reliability of the proposed repayment plan. We shall then draft the contract and negotiate either immediate payment or payment by instalments, in accordance with the best available guarantees.
Please note that after a lawyer’s formal notice, even the debtor’s inaction becomes a significant element to be brought before the judge as evidence during subsequent legal proceedings. In the event that the debtor should fail to provide any reply or should generically dispute the claim, we will explain to you the terms and procedures for enforcing your claim in court.
