Having many years of experience, we state that one of the most powerful methods is recovering debt by the contract on fiduciary assignment. When asserting a claim, VINDICO Business Consulting Sp. z o.o.[in Polish law: limited liability company] becomes a creditor towards your debtor with the legal rights for debt collection. As a result, the debtor is no longer your partner in negotiations, whereas he loses more possible excuses by talking to the professional creditor and has to be aware of the fact that the costs of legal representation will no longer hold you back from having your liabilities protected by the court.
Conciliatory proceedings – the case is conducted by experienced negotiators. We do our best to contact the debtor, as due to such meetings we can retrieve additional documents confirming the liability as well as some information regarding the debtor’s financial situation. If the debtor has temporary problems and you, for some reasons, don’t want to institute judicial proceedings, we try to secure the liability. Conciliatory proceedings end after max. 1 month. If we do not succeed in regaining at least some money for you or securing the liability, we will institute judicial proceedings. We do not hold any cases at the conciliatory stage letting the debtor getting rid of his or her property. We want to avoid such situations, when other creditors outstrip you in the debt collection, what obviously minimizes the chance of regaining the liability.
Judicial proceedings – if the case has the proper documentation, we suggest judicial proceedings that happen fast and are conducted by a court having jurisdiction over the seat or division of VINDICO. The average time of reducing the claim to judgment lasts approximately 2 weeks. Shall a debtor appeal against or invoke defences, the case is scheduled for trial even faster.
Bailiff seizure – shall the court issue an order in the simplified proceedings by writ of payment or the verdict be pronounced, there is a possibility of commencing enforcement proceedings in order to secure the liability. It can be executed in many ways: as the bank account attachment or seizure of goods, by taking out a mortgage on the real estate owned by the debtor, or by seizure of property rights etc. The property seized in the course of proceedings goes to bail until the order or the verdict is validated. We cooperate on the regular basis with flexible and dynamically working bailiffs.
Enforced debt collection – having many years of experience in debt collection services, we had the possibility of cooperating with many bailiffs, what helped us to choose the best bailiffs offices. Through the agreement of cession, VINDICO acting as a creditor, has a possibility of taking part in the enforced debt collection, especially in out-of-office duties, what we try to use.
Property search – before and in the process of debt collecting, we try to fix elements of the debtor’s property, paying attention especially to the debtor’s real estate. We search also for the real estate which had been owned by the debtor but was sold out during the execution proceedings. We try to gain some information about the liabilities which the debtor is entitled to from the debtors of the attached claim.
Actio Pauliana – a sort of claim which concerns the demand of making the legal act null and void (e.g. transfer of a real estate to family members or to the third party). A creditor has the right to file a complaint, if the debtor sells out his or her property with an intent to hinder the creditor.
Filing a complaint with the Prosecutor’s Office – if the good cause appears (crime, obtaining under false pretenses, fraud, theft) we file a complaint with the Prosecutor’s Office about committing a crime. It allows asserting a claim without any court fees.
Asserting a claim from the management board of joint stock companies – if the execution against the joint stock company fails, there is a possibility of asserting a claim from the members of the management board.
A bankruptcy petition, administrative receivership – if the debtor is well prepared and the creditors’ claims from his or her property or company were not satisfied and if he runs his own business, we deprive him or her of managing the company and of the property and we obtain the control of their moves.
Business intelligence – we provide services also in this area. However, we depend on companies with which we constantly cooperate and we are restricted by their possibilities.