Credit Recovery
Judicial and out-of-court collection, analysis of instruments and structuring of settlements and guarantees.
Credit recovery requires assessing the existence of the obligation, its enforceability and the documentation that supports it. Not every contract allows direct enforcement, and different instruments are subject to their own requirements. The strategy must take into account guarantees, maturity, statute of limitations and the debtor's situation, as well as any judicial reorganization or creditors' proceedings. The nominal value of the credit does not, by itself, demonstrate the possibility of collection or the suitability of a specific measure.
Legal work covers notices, negotiation of settlements and the filing of applicable actions, with analysis of asset-related measures provided for by law. Debt acknowledgments and renegotiations must preserve clarity regarding amounts, charges, maturities and guarantees. In portfolio collection, it is important to maintain individualized documentation and observe the legal limits on data processing and the approach taken with debtors. The work follows the procedural response and the status of assets, adjusting measures to the actual progress of the collection.
Our work
- Analysis of instruments, enforceability and guarantees
- Negotiation of settlements and debt instruments
- Collection actions, enforcement and asset-related measures
Can any contract be enforced directly?
No. Enforcement depends on the existence of an enforceable instrument and the fulfillment of the legal requirements. In other situations, it may be necessary to use a declaratory action or another appropriate route.
Editorial review: