The basis of successful debt collection case is a proper and exhaustive preparation for the court proceeding, including the audit of a debtor, case evaluation, preparation of strategy for court proceeding and collection of evidences.
Before filing a lawsuit on debt collection, we recommend to carry out a full pre-judicial procedure for settling the dispute, which involves not only formal implementation of requirements of the legislation of RK on pre-judicial settlement, but negotiations, obtaining guarantees on fulfilment of obligations, agreements on postponement of payment, etc.
Only after taking all possible measures to resolve the dispute out of court, it is necessary to file a claim. In this case, documents signed at the stage of pre-judicial settlement of the dispute may serve as additional evidence of client’s claims, which in case of an improper document management or poor wording of the contract can serve as a basis of the court ruling in favor of client.
It should be recognized that positive court ruling on debt collection is only a part of the case, since its implementation requires not less effort. Prior to the initiation of the case, we recommend to conduct an audit of the debtor to identify his assets and other judicial proceedings against him, that allows to estimate the possibility of obtaining claiming sum and properly form a strategy for the court case. In such situation, lawyers will be able to spot and promptly apply security measures of execution of the court ruling.
Since each case has its own special aspects, debt collection should be entrusted to a professional team, which monitors emerging court practice and has full competence to protect interests of client.
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