People often seek for a lawyer’s advise when having a claim or think they may have one on another party. This can be for example an outstanding bill, a never settled loan or a compensation claim for wrongful act. While a lawsuit ending in an awarding judgment may offer (a sort of) relief in way of recognition of your rights, what really matters in the end is whether or not the defendant will actually be able to pay its dues. Before spending a considerable amount of time and funds on court fees and lawyers costs, initiating a debt recovery investigation by a Dutch debt collection lawyer might be worthwhile.
In a debt recovery investigation a lawyer looks into the financial position of the debtor and his abilities to recover a possible awarded claim. This research can entail a check of the Land Registry Office to find out if the debtor has any real estate, but also a check of the Chambers of Commerce to find out what the status is of a company and check its balance sheets. After all the findings are gathered the debt collection lawyer is able to advise you better if there are goods or property available for prejudgment seizure. That way you can secure assets during (lengthy) court proceedings.
Sometimes, however, an investigation will lead to the conclusion that it will be hard to eventually recover your claim once a judge had awarded it. The debtor may be in such financial downturn that the costs of getting an awarding judgment may be far more than the potential recovery. Having some background knowledge about your debtor’s position will enable you to –together with your lawyer- assess the risks of pursuing a debt collection procedure. The AMS debt collection lawyers will fully support you of course whichever choice you make.
A debt recovery investigation can be pursued in every course of the legal process but it is advisable to conduct an investigation right at the start. Do you have a claim you would like to investigate or do you have doubts about the financial soundness of a debtor, please feel free to contact one of our debt collection lawyer for more information about the debt recovery investigation procedure we offer.