Debt recovery
DEBT PRE - TRIAL RECOVERY
Inadequate enforcement of contractual obligations, non-acknowledgment of debt, partial non-performance, malicious circumvention or
protracted disputes often lead to situations where it is no longer possible to recover debt without taking legal action. In those
circumstances we offer debt recovery services. Upon receiving the proof of debt documentation, we will draw up procedural documents
and provide them to the court (declaration of issue of the order of court, plea of debt collection, request for interim and precautionary
measures). Our professionals will monitor the trial process and the procedural actions undertaken by the debtor, and will inform you
about the decisions of the court.
Pre-litigation debt recovery does not require additional investment as there is no need to pay for attorney's fees, stamp duty or other litigation costs.
LEGAL DEBT RECOVERY
If you have reason to believe that during the legal proceedings the debtor may behave with fraudulent or abusive intent (undertaking
action to hide or destroy property) and therefore prevent you from recovering the debt, it is worth considering adopting precautionary
measures. Such application can be provided with the plea or before the legal proceedings have started. Upon request of the creditor,
when court grants the interim and precautionary measure application, the creditor has 14 days to contact a bailiff, who enforces the
order (by seizing funds and property). As stated in The Civil Procedure Code of Lithuania’s (CPC) article 144, upon request of one of
the parties to the proceedings or other person concerned, the court may adopt precautionary measures, if not adopting them will burden
or preclude the enforcement of the court order. In the practice of Lithuanian Supreme Court, interim and precautionary measures are
defined as restrictions and prohibitions applied in a civil matter, suspension of rights and activities, obligations and other measures
specified in the CPC or other laws, if not adopting them will burden or preclude the enforcement of the court order (Lietuvos
Aukščiausiojo Teismo Civilinių bylų skyriaus teisėjų kolegijos 2009 m. birželio 15 d. nutartis civilinėje byloje pagal pareiškėjo J. B.
skundą dėl antstolio veiksmų, bylos Nr. 3K-3-225/2009).
When the court issues an order of payment or a court issued order takes effect, it is possible to begin enforcing the debt collection, i.e.
seizing the debtor’s property, bank accounts and incoming funds. Having exhausted all means of debt collection and them being
unsuccessful, as a last resort, insolvency proceedings can be initiated. If necessary, we will represent your interests in court, arbitration,
and in the event of insolvency proceedings - meeting of creditors
Qualified assessment of contracts and other legal documents (service agreements / internal documentation / statutes / job
descriptions / etc).
• Consultation on all legal issues; debt recovery, collection, legal disputes. In the event of a compensation order, legal fees are
covered by the debtor.
• Preparation of procedural documents for court (pleas, declarations, statements of defence, applications etc).
• Representation in court and in relations with non-state actors (business partners, clients) and public authorities.