Many clients do not clearly understand in the procedure for lawsuit in debt collection, with many experiences in debt collection, the best law firm in Hanoi will give clients some information about the lawsuit in debt collection:
I. Legal Basis:
1. First, the case is in statute of limitations for lawsuits
Under Point 1, Point 2 Article 184, Code of Civil Procedure 2015, “the statute of limitations of lawsuits, the statute of limitations for requests for civil matter resolution shall conform to provision of Civil Code” and “The Courts shall apply the regulations on statute of limitations according to the requests for application of statute of limitations of one or multiple side, provided that such requests are made before the first-instance Courts issues the judgments/decisions on such cases. The persons to get benefits from the application of statute of limitations may refuses to apply the statute of limitations, unless such refusal is to avoid the performance of obligations.”
2. Second, the dossier for lawsuit is applied in right competent Court
Under the Article 35, 37 of the Code on Civil Procedure 2015, involved parties may petition the People’s Courts of districts where the defendants reside or work to institute lawsuits if the involved parties and properties in dispute are not in foreign countries and are not judicially entrusted to representative agencies overseas. Unless, the involved parties have to petition the People’s Courts of Provinces where the defendants reside or work to institute lawsuits.
3. Third, the suitable documents regulated by the law
- Lawsuit petition;
- Debt receipt and other documents;
- The confirm paper of competent agency about the defendant’s resident and working address;
- Identity card and family registration of litigator;
1. Acceptance of the case:
After receipt of lawsuit dossiers, if the lawsuit is in the case of returning of lawsuit petitions according to Point 1, Article 192, Code on civil Procedure 2015, the Courts will return the lawsuit petitions, documents and evidences accompanied with lawsuit petitions. If the lawsuit is not in the case of returning of lawsuit petition but the lawsuit petition does not follow the regulative form or does not have enough the contents regulated in Point 2, Article 189, Code on Civil Procedure 2015, the Court notice the litigator amend and supply in the defined time.
If the case meets conditions to initiate lawsuits and has the suitable lawsuit petitions, the litigator advances Court fee in 15 days, from the day of receipt notification.
2. The limitation time to settle the case:
- The duration for mediation and preparation for adjudication: from 4 to 6 months, from the day of Court accepted lawsuits.
- Time limit for opening the Court: within 02 months, from the date of decision to bring the cases to trial.
- Time limit for postponing a Court: not over 30 days, from the date of decision for postponing a Court.
If have question, kindly to contact to best company in debt collection in Vietnam at:
Dragon Law Firm - Hotline: 1900.599.979
HQ: FL14.6, VIMECO Bldg, Lot E9, Pham Hung Str., Trung Hoa Ward, Cau Giay Dist., Hanoi
Office: FL4.6, Khanh Hoi Bldg, Lot 2/3C, Le Hong Phong Str., Ngo Quyen Dist., Hai Phong