Lawyer analysis: Unpaid debts. How to recover your money legally

What to do legally when a client, partner, or debtor does not pay their debt?

In judicial practice, the recovery of exigible debt is a common challenge, especially in the context of commercial or contractual relationships. Whether you are a creditor, it is crucial to be familiar with the legal steps for debt recovery. This article provides a structured overview of the debt recovery procedure, from the first payment notice to obtaining a writ of summons and the potential initiation of a contestation at execution.

First, it is essential to identify the type of exigible debt, whether it is certain, liquid, and due, meaning it satisfies the required conditions to begin the debt collection process. Often, seeking legal consultancy from a litigation lawyer can make the difference between an efficient process and one that is obstructed by the bureaucratic complexities of civil litigation.

A business lawyer or litigation attorney can assess whether a court claim is necessary, whether there are abusive clauses in the contract, or whether sending a payment notice to the debtor is sufficient as a preliminary step. Depending on the nature of the legal relationship, it may be necessary to involve a civil lawyer, particularly when the dispute is of a civil nature rather than strictly commercial.

Pre-litigation notice: the essential first step in debt recovery

The first step in the debt recovery procedure is sending a payment notice to the debtor. This payment notice must be clearly drafted, indicating the exact amount owed and the legal grounds for the debt recovery.

Simply receiving a payment notice can prompt the debtor to settle the debt, especially if it is accompanied by a legal opinion issued by a litigation lawyer or a business lawyer. If not, the next step is to proceed with filing a court claim, assisted by a debt recovery lawyer or a civil lawyer, depending on the nature of the legal relationship, contractual or delictual.

What procedure to choose in court to recover your money

If the debtor fails to respond to the payment notice, the next step is to file a lawsuit. The choice of debt recovery procedure depends on the specifics of the case, and it could be a court claim, an order for payment, or a civil suit.

A litigation lawyer or a debt recovery lawyer will be able to determine the appropriate procedural option for the specific legal situation at hand. It is essential to examine any potential abusive clauses in the contract and determine whether the involvement of a lawyer specialized in abusive clauses is necessary.

After the court’s acceptance of the claim, the court may issue a ruling that becomes a writ of summons, which can be used to initiate debt recovery through execution. At this stage, legal consultancy from a lawyer is useful to analyze the risks of a potential challenge to enforcement filed by the debtor.

The actual recovery of the amount: what does execution involve

After obtaining the writ of summons, we enter the final phase of the debt recovery process – execution. Upon the creditor’s request, a judicial executor can block the debtor’s bank accounts or sell their assets to recover the money owed.

The close collaboration between a debt recovery lawyer, the executor, and the creditor is crucial. If the debtor files a challenge to enforcement, it must be quickly and efficiently examined, ideally under the guidance of a litigation lawyer specializing in civil litigation.

“Recovering an exigible debt is a process that requires not only legal knowledge but also a strategic approach with attention to every detail. From sending a payment notice to the debtor, choosing the type of debt recovery procedure, obtaining a writ of summons, and managing a potential objection to enforcement, each step must be carried out precisely. Our team of lawyers specializing in civil litigation and debt recovery ensures effective court representation, protecting our clients’ interests and guaranteeing a swift and fair recovery of the amounts owed,” said Dr. Radu Pavel, Managing Attorney at Pavel, Mărgărit & Associates.

Debt recovery is not just a technical procedure, but a critical effort to protect the financial interests of a creditor. Whether you need a civil lawyer, a business lawyer, or a lawyer specialized in abusive clauses, the key is to act legally and step by step.

In conclusion, recovering exigible debts requires a methodical approach based on the applicable laws. From the first payment notice sent to the debtor, continuing with obtaining a writ of summons, and moving on to the enforcement proceedings, each step must be executed carefully to protect the creditor’s rights. Involvement of a litigation lawyer or a debt recovery lawyer can make the difference between an efficient recovery and a prolonged legal process. Therefore, it is essential to benefit from adequate legal consultancy to properly manage each step of the debt recovery procedure.

Pavel, Mărgărit & Associates Romanian Law Firm is one of the top law firms in Romania, providing the highest quality legal services. Among the firm’s clients are large multinational and domestic companies. In 2024, the law firm’s success stories earned international recognition from the most prestigious global legal directories and publications. This year, Pavel, Mărgărit & Associates ranked 3rd in Romania in the business law firm ranking by Legal 500. The firm is also internationally recognized by the IFLR 1000 Financial and Corporate 2024 guide. Furthermore, Pavel, Mărgărit & Associates is the only Romanian law firm recommended by Global Law Experts in London in the Dispute Resolution practice area. All relevant information about Pavel, Mărgărit & Associates is available on the portal www.avocatpavel.ro.