Debt collection in the Netherlands implies amicable and court proceedings. You can read about both of them here: https://debtcollectionnetherlands.com/.
If you need assistance in debt recovery procedures in Poland, contact us. Our lawyers can help you. You can also check our website https://debtcollectionpoland.eu/ for more information.
This document summarizes business structures and legal processes in Italy. There are two main types of business structures - partnerships and capital companies. Partnerships include unlimited liability for partners while capital companies like S.r.l. and S.p.A. have limited liability. Information on companies can be found through the Italian Business Register. Judgments and financial information are available through credit reports from private agencies. Businesses contract with written contracts and invoices as evidence in courts which typically take 10-12 months for a judgment. Alternative dispute resolution includes mediation and arbitration.
Seizure of assets in Germany entails taking the debtor's belongings to pay a debt. You can find out how it is completed here:
https://debtcollectiongermany.com/seizure-of-assets-in-germany/.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Construction 2014, (published in August, 2013; contributing editor: Robert S Peckar of Peckar & Abramson, PC). For further information please visit www.GettingTheDealThrough.com.
Amicable and Court Debt Recovery in BulgariaBridgeWest.eu
Here is a guide on how debt recovery is completed in Bulgaria. We also have an extensive article on this subject: https://www.lawyers-bulgaria.com/debt-collection-in-bulgaria.
Litigation: Enforcement of Foreign Judgments in IrelandMatheson Law Firm
Partner Julie Murphy-O'Connor and Senior Associate Gearóid Carey of the Commercial Litigation and Dispute Resolution Department co-author an article for Lexology Navigator - Litigation: Enforcement of Foreign Judgments in Ireland.
This guide is being published in the context of recent transformations in insolvency law in Europe, marked by two major anticipated events.
The first event is the application, as of 26 June 2017, of the EU regulation on insolvency of 2000, reformed in 2015, which strengthens, in particular, (i) the cooperation among national courts and among court-appointed insolvency practitioners, and (ii) the coordination of the different types of procedures available to groups in distress for greater efficiency.
The second event comes on the heels of the 16 January 2017 transmission to the European Parliament Legal Affairs Committee of the proposal, dated 22 November 2016, for a directive of the European Commission supporting the ambitious yet realistic project of harmonizing the 28 national insolvency laws based on 3 unifying themes: (i) the promotion of early restructuring tools for companies in distress to minimize insolvencies and thereby the elimination of jobs, (ii) the strengthening of the efficiency of insolvency proceedings in the interests of creditors, and finally (iii) the right to a second chance for bankrupted but honest entrepreneurs to allow them to bounce back.
These two major events will reduce legal obstacles and eliminate discrepancies among the various national insolvency laws to give finally more predictability to banks and investors, thus enhancing the attractiveness and competitiveness of Europe and, ultimately, encouraging employment. This guide helps the reader to understand the functioning of European insolvency law, the objectives of harmonization at the national level among European countries, and the different amicable procedures (early restructuring) and judicial proceedings (insolvency) applicable in each of the 19 participating countries. Stéphanie Chatelon and Arnaud Pédron from the Taj law firm lead the Insolvency Group, the international working group of the Deloitte Legal network, which brings together more than 50 lawyers specialized in insolvency law from 21 European law firms affiliated or unaffiliated with Deloitte in 19 European countries (both members and non-members of the EU).
The Company Liquidation Procedure in SwedenBridgeWest.eu
Here is a presentation on how to wind up a Swedish company. For details, we invite you to read our article https://lawyerssweden.com/close-a-company-in-sweden/.
If you need assistance in debt recovery procedures in Poland, contact us. Our lawyers can help you. You can also check our website https://debtcollectionpoland.eu/ for more information.
This document summarizes business structures and legal processes in Italy. There are two main types of business structures - partnerships and capital companies. Partnerships include unlimited liability for partners while capital companies like S.r.l. and S.p.A. have limited liability. Information on companies can be found through the Italian Business Register. Judgments and financial information are available through credit reports from private agencies. Businesses contract with written contracts and invoices as evidence in courts which typically take 10-12 months for a judgment. Alternative dispute resolution includes mediation and arbitration.
Seizure of assets in Germany entails taking the debtor's belongings to pay a debt. You can find out how it is completed here:
https://debtcollectiongermany.com/seizure-of-assets-in-germany/.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Construction 2014, (published in August, 2013; contributing editor: Robert S Peckar of Peckar & Abramson, PC). For further information please visit www.GettingTheDealThrough.com.
Amicable and Court Debt Recovery in BulgariaBridgeWest.eu
Here is a guide on how debt recovery is completed in Bulgaria. We also have an extensive article on this subject: https://www.lawyers-bulgaria.com/debt-collection-in-bulgaria.
Litigation: Enforcement of Foreign Judgments in IrelandMatheson Law Firm
Partner Julie Murphy-O'Connor and Senior Associate Gearóid Carey of the Commercial Litigation and Dispute Resolution Department co-author an article for Lexology Navigator - Litigation: Enforcement of Foreign Judgments in Ireland.
This guide is being published in the context of recent transformations in insolvency law in Europe, marked by two major anticipated events.
The first event is the application, as of 26 June 2017, of the EU regulation on insolvency of 2000, reformed in 2015, which strengthens, in particular, (i) the cooperation among national courts and among court-appointed insolvency practitioners, and (ii) the coordination of the different types of procedures available to groups in distress for greater efficiency.
The second event comes on the heels of the 16 January 2017 transmission to the European Parliament Legal Affairs Committee of the proposal, dated 22 November 2016, for a directive of the European Commission supporting the ambitious yet realistic project of harmonizing the 28 national insolvency laws based on 3 unifying themes: (i) the promotion of early restructuring tools for companies in distress to minimize insolvencies and thereby the elimination of jobs, (ii) the strengthening of the efficiency of insolvency proceedings in the interests of creditors, and finally (iii) the right to a second chance for bankrupted but honest entrepreneurs to allow them to bounce back.
These two major events will reduce legal obstacles and eliminate discrepancies among the various national insolvency laws to give finally more predictability to banks and investors, thus enhancing the attractiveness and competitiveness of Europe and, ultimately, encouraging employment. This guide helps the reader to understand the functioning of European insolvency law, the objectives of harmonization at the national level among European countries, and the different amicable procedures (early restructuring) and judicial proceedings (insolvency) applicable in each of the 19 participating countries. Stéphanie Chatelon and Arnaud Pédron from the Taj law firm lead the Insolvency Group, the international working group of the Deloitte Legal network, which brings together more than 50 lawyers specialized in insolvency law from 21 European law firms affiliated or unaffiliated with Deloitte in 19 European countries (both members and non-members of the EU).
The Company Liquidation Procedure in SwedenBridgeWest.eu
Here is a presentation on how to wind up a Swedish company. For details, we invite you to read our article https://lawyerssweden.com/close-a-company-in-sweden/.
Credilex, through prestigious law firms abroad, offers legal advice to companies wishing to initiate or consolidate their international expansion. CREDILEX has specialized lawyers in this field in around 130 countries that will provide you with the best legal assistance abroad.
This document provides information on debt collection procedures in the United Kingdom, including England, Wales, Scotland, and Northern Ireland. It discusses the amicable collection phase where collectors try to obtain payment through letters and phone calls. If unsuccessful, legal procedures can include a Letter Before Claim, county court judgments, or insolvency proceedings. The costs, timeframes, and options for enforcement of judgments are also outlined for each jurisdiction. Legal interests and statutory rates are applied at each stage of the process.
This document provides an overview of loan trading practices across various jurisdictions globally. It discusses the main methods for transferring loans, including assignment, novation, and participations. It also addresses key issues like guarantees and security, confidentiality, tax implications, and regulatory compliance considerations for each jurisdiction. The document aims to provide loan market participants with insights into local law issues to consider when trading loans internationally. It covers 19 jurisdictions in Europe, Asia, North America, and elsewhere.
Julie Murphy O'Connor and Gearoid Carey provide an overview on Enforcement of Foreign Judgments in Ireland in the 2018 edition of Getting the Deal Through.
The document provides an overview of the Danish banking law system. It summarizes that Denmark has approximately 80 credit institutions regulated by the Danish Financial Supervisory Authority. The main types are banks, savings banks, and mortgage credit institutions. Danish banking law is codified but operates largely on freedom of contract principles, especially for commercial loans. Key aspects covered include types of loan agreements, security interests like mortgages and pledges, financial assistance restrictions, and applicability of the Rome II and European Insolvency Regulations.
The Brexit transition period ends on 31 December 2020. If you want to keep servicing your customers, you need to prepare for the period post-Brexit. In this presentation, I highlight the possibilities from a Dutch perspective. Please contact me by sending me a message through my LinkedIn page should you need any advice or assistance.
Ref focus crypto assets & litigation feb22Mathieu58
The document summarizes two recent French court decisions that impact the cryptocurrency market. The first decision found that access to justice is a principle of international public policy that can invalidate arbitration clauses. This could allow small investors to challenge arbitration requirements in crypto exchange terms. The second decision found that French courts had jurisdiction over a dispute between a French investor and a Lithuanian crypto exchange, based on consumer protection laws. The document also discusses potential liability of crypto exchanges if transactions occur during bankruptcy proceedings.
The Sheriffs Office Guide To High Court EnforcementChris McGee
This document provides an overview of different methods for debt collection and enforcement of court judgments. It discusses the options of using county court bailiffs or high court enforcement officers (HCEOs) to execute judgments. HCEOs have more powers than bailiffs, such as the ability to force entry and conduct surprise visits. They work on a commission basis and are incentivized to recover debts, while bailiffs are salaried. The document provides details on HCEO fees and the process for transferring a county court judgment to the high court to allow HCEO enforcement.
Resolving Debt Recovery Cases: A Comprehensive GuideDenver Local SEO
In the world of finance and business, “Debt Recovery Case” are a common occurrence. Whether you're a creditor seeking to collect outstanding payments or a debtor grappling with financial obligations, navigating through the intricacies of debt recovery can be daunting. This comprehensive guide aims to shed light on the key aspects of debt recovery cases, offering insights into the process, strategies for resolution, and legal considerations.
Bankruptcy is a legal process for people or businesses that cannot pay their debts. It is based on federal law and involves court proceedings. The main goals of bankruptcy are to provide relief for debtors and to repay creditors. There are different chapters of bankruptcy for individuals, businesses, municipalities, and foreign companies. Debts can be dischargeable, meaning no longer owed after bankruptcy, or non-dischargeable, requiring payment even after filing. Common dischargeable debts include credit cards, loans, and business or vehicle payments, while non-dischargeable debts often involve taxes, child support, fines, or student loans.
29 03 - EU insolvency law - Lessons from France Vermeille & Co
Focus on pre-insolvency proceedings can be country productive
Market for distressed entices cannot emerge without effective valuation methodology and cramdown procedure
European banking supervision needs a pan-European insolvency law
The document provides an overview of key aspects of French business law, including:
1) France has a civil law system based on the Napoleonic Code where written submissions are more important than oral arguments and there are no juries.
2) Common courts for resolving disputes include commercial courts, courts of appeal, and the supreme court. Litigation follows an inquisitorial process rather than an adversarial one.
3) French employment law has rigid protections for employees, requiring written contracts and restricting dismissal except for specific reasons.
France has introduced several pre-insolvency proceedings over the last ten years to encourage out-of-court restructuring, however, the results have been unsatisfying. The various pre-insolvency proceedings in France include the ad hoc mandate, conciliation procedure, accelerated safeguard procedure, and accelerated financial safeguard procedure. However, the main flaws of the French bankruptcy law are that it violates priority rules during bankruptcy proceedings and out-of-court negotiations by allowing junior creditors to monetize their votes. To have more efficient pre-insolvency proceedings, France needs to properly address valuation issues, introduce an absolute priority rule, and reform distribution of creditors into committees.
Getting The Deal Through: Enforcement of Foreign Judgments 2017Matheson Law Firm
Partner Julie-Murphy O'Connor and Associate Gearóid Carey co-wrote the Ireland chapter for Getting The Deal Through: Enforcement of Foreign Judgments 2017.
Judicare is a leading legal services company that helps clients with overseas property investments and disputes. They assisted a client recover funds from a property purchase in Cape Verde that was misrepresented. Judicare guides clients through the legal process when problems arise abroad and recovering money is difficult. They also provide advice on properly purchasing property overseas and handling foreign legal issues like wills, taxes, and inheritances. The document discusses Judicare's services, costs, and client testimonials about recovering money on mishandled overseas property deals with Judicare's help.
This document provides information about the Spanish legal concept of "dación en pago", which is a formal legal procedure that allows a borrower to cancel their debt to creditors by handing over assets. It defines dación en pago in legal and plain English, outlines the legal procedure and process, discusses alternatives, and notes that it has been a popular solution for foreigners with mortgages in Spain after the financial crisis as it allows them to return home without debt obligations.
This document summarizes commercial litigation procedures in Ireland. It discusses key considerations for parties bringing claims such as applicable limitation periods and jurisdiction. It also outlines interim relief options, pre-action conduct requirements, and alternatives to litigation such as mediation. Class actions and third-party litigation funding are not common in Ireland, though representative actions and test cases can achieve similar outcomes. The courts generally apply Irish common law and recognize choice of foreign governing law in contracts.
This document summarizes transfer pricing case law in Europe from 2007 to 2013. It discusses several court cases from countries like the Netherlands, Spain, and the UK that relate to issues like intercompany loans, royalties, captive insurance, and sale of goods. The key issues addressed are whether related party transactions and pricing were consistent with the arm's length principle and if the arrangements had economic substance rather than just tax avoidance motives. The document provides an overview of transfer pricing regulations and guidelines in Europe.
Credilex, through prestigious law firms abroad, offers legal advice to companies wishing to initiate or consolidate their international expansion. CREDILEX has specialized lawyers in this field in around 130 countries that will provide you with the best legal assistance abroad.
This document provides information on debt collection procedures in the United Kingdom, including England, Wales, Scotland, and Northern Ireland. It discusses the amicable collection phase where collectors try to obtain payment through letters and phone calls. If unsuccessful, legal procedures can include a Letter Before Claim, county court judgments, or insolvency proceedings. The costs, timeframes, and options for enforcement of judgments are also outlined for each jurisdiction. Legal interests and statutory rates are applied at each stage of the process.
This document provides an overview of loan trading practices across various jurisdictions globally. It discusses the main methods for transferring loans, including assignment, novation, and participations. It also addresses key issues like guarantees and security, confidentiality, tax implications, and regulatory compliance considerations for each jurisdiction. The document aims to provide loan market participants with insights into local law issues to consider when trading loans internationally. It covers 19 jurisdictions in Europe, Asia, North America, and elsewhere.
Julie Murphy O'Connor and Gearoid Carey provide an overview on Enforcement of Foreign Judgments in Ireland in the 2018 edition of Getting the Deal Through.
The document provides an overview of the Danish banking law system. It summarizes that Denmark has approximately 80 credit institutions regulated by the Danish Financial Supervisory Authority. The main types are banks, savings banks, and mortgage credit institutions. Danish banking law is codified but operates largely on freedom of contract principles, especially for commercial loans. Key aspects covered include types of loan agreements, security interests like mortgages and pledges, financial assistance restrictions, and applicability of the Rome II and European Insolvency Regulations.
The Brexit transition period ends on 31 December 2020. If you want to keep servicing your customers, you need to prepare for the period post-Brexit. In this presentation, I highlight the possibilities from a Dutch perspective. Please contact me by sending me a message through my LinkedIn page should you need any advice or assistance.
Ref focus crypto assets & litigation feb22Mathieu58
The document summarizes two recent French court decisions that impact the cryptocurrency market. The first decision found that access to justice is a principle of international public policy that can invalidate arbitration clauses. This could allow small investors to challenge arbitration requirements in crypto exchange terms. The second decision found that French courts had jurisdiction over a dispute between a French investor and a Lithuanian crypto exchange, based on consumer protection laws. The document also discusses potential liability of crypto exchanges if transactions occur during bankruptcy proceedings.
The Sheriffs Office Guide To High Court EnforcementChris McGee
This document provides an overview of different methods for debt collection and enforcement of court judgments. It discusses the options of using county court bailiffs or high court enforcement officers (HCEOs) to execute judgments. HCEOs have more powers than bailiffs, such as the ability to force entry and conduct surprise visits. They work on a commission basis and are incentivized to recover debts, while bailiffs are salaried. The document provides details on HCEO fees and the process for transferring a county court judgment to the high court to allow HCEO enforcement.
Resolving Debt Recovery Cases: A Comprehensive GuideDenver Local SEO
In the world of finance and business, “Debt Recovery Case” are a common occurrence. Whether you're a creditor seeking to collect outstanding payments or a debtor grappling with financial obligations, navigating through the intricacies of debt recovery can be daunting. This comprehensive guide aims to shed light on the key aspects of debt recovery cases, offering insights into the process, strategies for resolution, and legal considerations.
Bankruptcy is a legal process for people or businesses that cannot pay their debts. It is based on federal law and involves court proceedings. The main goals of bankruptcy are to provide relief for debtors and to repay creditors. There are different chapters of bankruptcy for individuals, businesses, municipalities, and foreign companies. Debts can be dischargeable, meaning no longer owed after bankruptcy, or non-dischargeable, requiring payment even after filing. Common dischargeable debts include credit cards, loans, and business or vehicle payments, while non-dischargeable debts often involve taxes, child support, fines, or student loans.
29 03 - EU insolvency law - Lessons from France Vermeille & Co
Focus on pre-insolvency proceedings can be country productive
Market for distressed entices cannot emerge without effective valuation methodology and cramdown procedure
European banking supervision needs a pan-European insolvency law
The document provides an overview of key aspects of French business law, including:
1) France has a civil law system based on the Napoleonic Code where written submissions are more important than oral arguments and there are no juries.
2) Common courts for resolving disputes include commercial courts, courts of appeal, and the supreme court. Litigation follows an inquisitorial process rather than an adversarial one.
3) French employment law has rigid protections for employees, requiring written contracts and restricting dismissal except for specific reasons.
France has introduced several pre-insolvency proceedings over the last ten years to encourage out-of-court restructuring, however, the results have been unsatisfying. The various pre-insolvency proceedings in France include the ad hoc mandate, conciliation procedure, accelerated safeguard procedure, and accelerated financial safeguard procedure. However, the main flaws of the French bankruptcy law are that it violates priority rules during bankruptcy proceedings and out-of-court negotiations by allowing junior creditors to monetize their votes. To have more efficient pre-insolvency proceedings, France needs to properly address valuation issues, introduce an absolute priority rule, and reform distribution of creditors into committees.
Getting The Deal Through: Enforcement of Foreign Judgments 2017Matheson Law Firm
Partner Julie-Murphy O'Connor and Associate Gearóid Carey co-wrote the Ireland chapter for Getting The Deal Through: Enforcement of Foreign Judgments 2017.
Judicare is a leading legal services company that helps clients with overseas property investments and disputes. They assisted a client recover funds from a property purchase in Cape Verde that was misrepresented. Judicare guides clients through the legal process when problems arise abroad and recovering money is difficult. They also provide advice on properly purchasing property overseas and handling foreign legal issues like wills, taxes, and inheritances. The document discusses Judicare's services, costs, and client testimonials about recovering money on mishandled overseas property deals with Judicare's help.
This document provides information about the Spanish legal concept of "dación en pago", which is a formal legal procedure that allows a borrower to cancel their debt to creditors by handing over assets. It defines dación en pago in legal and plain English, outlines the legal procedure and process, discusses alternatives, and notes that it has been a popular solution for foreigners with mortgages in Spain after the financial crisis as it allows them to return home without debt obligations.
This document summarizes commercial litigation procedures in Ireland. It discusses key considerations for parties bringing claims such as applicable limitation periods and jurisdiction. It also outlines interim relief options, pre-action conduct requirements, and alternatives to litigation such as mediation. Class actions and third-party litigation funding are not common in Ireland, though representative actions and test cases can achieve similar outcomes. The courts generally apply Irish common law and recognize choice of foreign governing law in contracts.
This document summarizes transfer pricing case law in Europe from 2007 to 2013. It discusses several court cases from countries like the Netherlands, Spain, and the UK that relate to issues like intercompany loans, royalties, captive insurance, and sale of goods. The key issues addressed are whether related party transactions and pricing were consistent with the arm's length principle and if the arrangements had economic substance rather than just tax avoidance motives. The document provides an overview of transfer pricing regulations and guidelines in Europe.
Similar to Debt Collection Procedures in the Netherlands (20)
A Critical Study of ICC Prosecutor's Move on GAZA WarNilendra Kumar
ICC Prosecutor Karim Khan's proposal to its judges seeking permission to prosecute Israeli leaders and Hamas commanders for crimes against the law of war has serious ramifications and calls deep scrutiny.
Indonesian Manpower Regulation on Severance Pay for Retiring Private Sector E...AHRP Law Firm
Law Number 13 of 2003 on Manpower has been partially revoked and amended several times, with the latest amendment made through Law Number 6 of 2023. Attention is drawn to a specific part of the Manpower Law concerning severance pay. This aspect is undoubtedly one of the most crucial parts regulated by the Manpower Law. It is essential for both employers and employees to abide by the law, fulfill their obligations, and retain their rights regarding this matter.
The presentation deals with the concept of Right to Default Bail laid down under Section 167 of the Code of Criminal Procedure 1973 and Section 187 of Bharatiya Nagarik Suraksha Sanhita 2023.
Capital Punishment by Saif Javed (LLM)ppt.pptxOmGod1
This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.
Reviewing contracts swiftly and efficiently is crucial for any organization. It ensures compliance, reduces risks, and keeps business operations running smoothly.
2. Debt Recovery Legislation
The Dutch Civil Code is the main law
applied in debt collection procedures. EU
subsidiary regulations must also be
respected.
5. Steps in Debt Collection
The first step in debt recovery in the
Netherlands implies an amicable procedure.
The second stage can involve a court decision
and even the seizure of assets.
6. Amicable Procedure
Out-of-court debt collection implies an
agreement between the creditor and the
debtor for the payment of the outstanding
amount.
7. This is the last stage in debt
collection in the Netherlands.
Once the court decides on the
settlement of the debt, its order
must be enforced.
Court Proceedings
8. Foreign Judgment Orders
The Netherlands recognizes and
enforces EU court decisions under
several regulations set out at Union
level.
9. Debt Recovery Lawyers
If you need assistance in amicable or
court proceedings, please contact our
Dutch debt collection lawyers.
10. Thank You for Your Attention!
For more information, you can contact us at:
clients@lawyersnetherlands.com
www.debtcollectionnetherlands.com