Vaczi Law Firm

Enforcement of Claims through a Lawyer

Do you have significant outstanding debts? Does the debtor refuse to pay? Arrangements for payment orders, civil litigation, winding-up procedures, and representation by a lawyer can assist in these processes. Vaczi Law Firm is here to guide you.

How Can You Retrieve Your Money with the Assistance of a Lawyer?

Utilizing a lawyer in the process of recovering debts can be beneficial in a multitude of ways. Our well-established procedures include:

1. Legal Notice

In some instances, receiving a formal letter of demand from a lawyer is enough to make the debtor acknowledge their obligation to you. The first course of action is to schedule an appointment with our Law Office for a personal consultation in Győr or Tata!

2. Liquidation Proceedings

Should the debtor be a business company, initiating liquidation proceedings against them could be a prudent step. If the proprietor aspires to maintain the business and avoid liquidation, they may opt to settle the outstanding debt.

In cases where the debtor's insolvency is apparent, winding-up proceedings can be instigated. On requesting the inception of winding-up proceedings, the specifics surrounding the legal basis of the debt, its due date, and reasons as to why the debtor is deemed insolvent must be furnished. Be prepared to provide necessary documentation to substantiate the request. Vaczi Law Firm stands prepared to assist fully with the filing of a winding-up petition.

3. Order for Payment Procedure

In instances where the prerequisites for a declaration of insolvency are not met, it may be more appropriate to initiate an order for payment procedure against the firm, as opposed to starting winding-up procedures immediately. An order for payment can also be implemented against individual debtors.

An order for payment serves as the exclusive means of enforcing an overdue claim which doesn't exceed HUF 1 million, given that the party has a known domicile or residence in Hungary, a registered office or representative office, and doesn't involve an employment relationship dispute.

If the order for payment isn't contested within the granted period, it becomes definitive and holds the same gravitas as a final court judgment. Nevertheless, the debtor reserves the right to file an opposition against the order for payment within fifteen days of service. Should an opposition be lodged expectedly, the order for payment procedure transitions into a lawsuit. The creditor must then submit an application to the court within an allocated time span.

4. Court Proceedings

Once the court has received the relevant documents, a deadline is set for the hearing. Both the claimant and the defendant are summoned. The ensuing trial will require the plaintiff to prove the validity and quantity of their claim.

Established in 2009, the Vaczi Law Firm, with a devoted team of 4 members, is ready to faithfully serve and guide you through these legal procedures.