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The non-collection of a credit
on Friendly terms doesn’t necessarily imply
the final irrecoverableness of the credit.
At this point the scenario can
be Two Folds:
1) If from the collected information It comes
out that the debtor does not own any pawnable
possession It could be convenient not to make
any other action, or It could be convenient
to proceed with a legal action foreseeing with
negative results, with the only aim of deducting
the irrecoverable credit, counting on the flexible
application of forensic rates.
2) The second scenario opens with the promotion
of an action of debt collection through the
intervention of a lawyer of trust of COMAS.
It is always necessary to maintain
the greatest caution in starting a legal action,
which could be very expensive, and charged to
the creditor, if the result is negative.
The relation between COMAS and
its lawyers of trust is aimed at the elimination
of all the risks of a rash legal action of debt
collection.
In conclusion, the legal action
of COMAS is only promoted for safe cases, when
after the research of the extrajudicial phase
there is good ground for believing that the property
of the debtor is sufficient for discharging the
credit.
This important aspect is not taken
into consideration in the hypothesis of an isolated
action of the lawyer of trust of the creditor:
apart from particular cases lawyers are usually
very indulgent in deciding to act against a debtor,
without checking his/her economic conditions,
considered that the service of legal assistance
is an obligation of means and not of aim, the
competences are business of the lawyers whether
in case of positive result or in case of negative
result.
In case of a negative result of
the legal action, the creditor is charged not
only with the unsettled active lot but also with
a supplementary financial charge, consisting of
the legal competences and the costs of the procedure.
The coordination of the investigative
extrajudicial phase and the actual one of debt
collection, offers the possibility to bring only
aimed actions, that is to take legal steps only
when there is reasonable certainty of the of the
debtor’s property capacity.
This operating method tries to
recompense the financial efforts of the creditor
with a serious hope of recovering the undischarged
credit.
see also: extrajudicial
phase
debt collection file opening
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