Attorney assisted Debt Collection Procedure (in and out of court)
Whereas companies do business on a global scale, there is an increase of trust between trade partners. Sometimes, however, this confidence is misplaced, and there is an outstanding debt of the creditor (supplier?) to the debtor (customer/receiver).
The law firm Jezek & Snoj (based in Ljubljana, Slovenia) can provide assistance in collecting debts (mainly) for debtors in Slovenia (although we can provide some out-of-country assistance, this is an exception to the general rule).
We provide attorney letters, provide research about the financial health of the company and advise on the appropriate (economic and legal) steps necessary to attain the collection of the debt.
The Slovene courts have many options regarding debt collection, usually we will try first with a payment order, because that is the faster and cheapest and if the debtor objects (files an objection), there is an automatic regular procedure (meaning no statute of limitation can apply, if it had not applied by the start date of the payment order petition). Also during the payment order procedure, there is little or no necessity of translating documents (as opposing in a lawsuit, where documents must be presented to the court in Slovene, translated in general by one of the court-appointed translators).
What we can do:
- We can write to the debtor, demanding payment and notifying them about the legal consequences (costs, civil/criminal procedure if applicable) of non-payment;
- We can draft a petition for a payment order and file it on behalf of the creditor, so the court issues a payment order to the debtor;
- Provide feedback or assistance during enforcement (if client to instructs);
- Provide legal support for regular (lawsuit) procedure, including providing organization of the translation;
- Draft a petition of enforcement of undisputable claim (verdict, etc.) to the court on behalf of the creditor to the debtor in which case the debtor's objections are mainly limited to »already paid and here is proof« or other clear and evident constitutional breaches of procedures (rare!);
What we cannot do:
- Provide a guaranty of success, since we do not have a sufficiently reliable insight into the debtor's assets;
- Provide free legal assistance, pro bono work or non-payment help since we provide quality service and this means costs, time and expenses we cannot and will not cover;
- Work on success principle, but in some cases, we can provide a combination of fixed payment and a variable (reward) fee;
- Force or rush a procedure of enforcement because there are office hours and procedural checkpoint that need to be followed. But we can send writs of "urgency rush" now and then if there is a stalling in the process (we do this more aggressively than competitors, but we do not do it on a daily basis, but only when the circumstances apply for it).
For further information, please use our contact form.
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Debt Collection Procedure
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