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 proceedings, and representation by a lawyer in these procedures.
HOW CAN YOU GET YOUR MONEY WITH THE HELP OF A LAWYER?
1. Legal notice
In many cases, a formal letter of formal demand from a lawyer is enough to show the debtor that you are determined and ready to take legal action. The first step is to make an appointment with our Law Office for a personal consultation in Győr or Tata!
2. Liquidation proceedings
If the debtor is a business company, it may be advisable to start liquidation proceedings against it. In this case, if the owner wishes to continue operating the company and does not want it to cease to exist, he will pay the debt instead.
Winding-up proceedings can be opened in the event of the debtor’s insolvency. If the creditor requests the opening of winding-up proceedings, the request must state the legal title of the debtor’s debt, the date on which it is due to mature (due date) and a brief description of why the debtor is considered insolvent. The necessary documents must be attached to prove the request. Our Law Office can provide full assistance in filing a winding-up petition.
3. Order for payment procedure
If the conditions for a declaration of insolvency are not fulfilled, it is advisable to initiate an order for payment procedure against the company instead of opening winding-up proceedings. An order for payment should also be issued against individual debtors.
An order for payment is the only means of enforcing an overdue claim for the payment of money only, the amount of which does not exceed HUF 1 million, provided that the party has a known domicile or residence in the country, or a registered office or representative office and the claim does not arise from an employment relationship.
If the order for payment is not contested within the time limit, it becomes final and has the same effect as a final court judgment.
However, the debtor may lodge a statement of opposition to the order for payment with a notary within fifteen days of service. If a statement of opposition is lodged in due time, the order for payment procedure is converted into a lawsuit. The creditor must then apply to the court within a specified time limit.
4. Court proceedings
After receiving the documents, the court sets a deadline for the hearing of the case and summons the claimant as plaintiff and the defendant as defendant. A litigation between the parties then begins, with the plaintiff having to prove to the court the title and amount of his claim.
