Collection summary proceedings

When a debtor fails to perform its obligations under a contract, the creditor may be the dissolve, damages claim or demand compliance. This can sometimes lead to protracted and complicated procedures. In the case where the only issue is the payment of a sum of money, there is a quicker and easier option: a collection procedure in summary proceedings. 

Collecting claim in summary proceedings

Summary judgment is an expedited legal proceeding in the preliminary injunction court. Unlike in an proceedings on the merits an interlocutory case must be relatively simple in nature. Also, an interlocutory case must have an urgent interest. The ruling of the interim injunction judge is a provisional ruling. This may pose a danger if the judge on the merits rules otherwise. If that happens, then what was paid pursuant to the summary judgment must be repaid. 

Collection proceedings in summary proceedings: these are the requirements

In addition to the requirements for summary judgment itself, there are a number of special requirements for collection summary judgment. Important, for example, is that the claim be simple in nature. It is simple if the debtor does not dispute the validity of the claim or if it is clear that the claim cannot reasonably be disputed. In addition, the judge must be able to give a preliminary judgment quickly and easily. The judge in summary proceedings considers whether it is likely that the judge on the merits will reach the same judgment.

Attachment 

If the collection summary proceedings succeed and the claim is awarded, you can proceed to collect the claim. The debtor will be ordered to pay the monetary claim and possible collection costs. If the debtor still does not pay, you can have the bailiff levy an execution against the debtor. However, it is wise to conduct a recourse investigation to determine which goods can be seized. 

Lawyer collection summary proceedings

Summary judgment collection is a legal procedure to quickly and efficiently collect a monetary claim. For example, if the collection of the claim is not urgent, the judge will not grant the claim in summary proceedings. A lawyer can help assess the chances of success in summary proceedings and draft a demand letter. Visit contact on with the debt collection attorney at Lexys Lawyers who can tell you more about it.