Prior to initiating legal action
As in any other system, the best way to begin the debt
collection process is to contact to the debtor by phone or by
sending a demand letter, or a reminder. If the debtor has not paid
his or her debt in time a letter written by a lawyer can be most
effective.
However, if the debtor remains silent or denies outright owing
anything, one must determine wheter the debt is:
based on a contract;
based on a written acknowledgment of debt;
or is supported by a court judgement.
Also, it is important to determine whether the debt might soon
become barred by prescription. If prescription is imminent, you may
request and enforcement proceeding in writing (or orally) at the
debt enforcement office within the area of the debtor's
domicile. The office will serve the summons to pay. Even without
continuing the process, doing so interrrupts the prescription
period, and it will run again for its full length.
