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Debt collection activities are normal and regular activities of the Bank, in order to handle and collect problem debts to ensure the Bank's business operations.
This debt collection activity will be standardized into the Bank's debt collection process and process, which usually always complies with the provisions of the law, whereby for clients who do not guarantee to pay their debts on time, the Bank will The client will activate the debt collection process by implementing debt collection operations.
Within the scope of this article, HT Legal VN Law Firm shares with borrowers and mortgagors the notes when the Bank collects debts and handles its collateral.
1. What to do when the Bank collects debts and handles security assets?
With experience in dealing with current credit and mortgage contract disputes, HT Legal VN Law Firm realizes that, except for acts of intentionally evading debt from the beginning or having no plan to use it. reasonable loan, as well as not consciously, specific repayment plan. The remaining causes of overdue debt come from objective reasons such as: Business failure, loss; business difficulties due to market, investment failure; Unexpected incidents and risks occur or occur continuously, causing individuals and businesses to struggle, inability to pay debts and other objective reasons.
In fact, no one wants to have overdue debts and bad debts, leading to loss of reputation, bad face or being informed by the Bank to the community and debt settlement according to the law. But if there is an overdue debt or bad debt, what should the borrower or mortgagor do?
- Do not evade the Bank's debt, it is easy to understand that debt evasion is not easy because usually the Bank's transactions/contracts follow the model, closely and comply with the law. In addition, the evasion (no contact, no response) is a dangerous act for the borrower and the mortgagor because it can be criminally handled for crimes related to property appropriation.
- Prepare psychologically to face debt and find a solution to deal with debt or handle collateral in a proactive and positive way.
- Learn and equip with legal knowledge related to credit contracts, mortgage contracts and regulations on sale of collateral.
- Consult a lawyer or a reputable law firm with expertise in the field of banking debt settlement for consulting and consulting on your client's problem. It is necessary to ask a reputable and professional lawyer or law firm to follow from the beginning and represent to work with the Bank and related parties to best ensure their legitimate rights and interests.
- Prepare a debt repayment plan and work with the Bank's lawyer to apply for debt restructuring, debt restructuring in the debt settlement phase or negotiate on interest exemption or reduction, fee waiver or settlement method manage security assets in accordance with the law, ensuring maximum rights and interests of borrowers and mortgagors.
- Actively sell properties, find property buyers and prepare a plan to sell assets to ensure the benefits of prices (even proactively reducing prices in accordance with circumstances) and legal documents.
- In case of being seized by the Bank, auctioned or sued by the Court, the borrower or mortgagor must equip themselves with relevant legal knowledge or consult a lawyer. Ask a lawyer to represent you to protect your rights and interests.
- Absolutely do not show a defiant or uncooperative attitude at any stage of the Bank's debt settlement activities, but never give up or let the Bank do whatever it wants, because of this, only make the situation worse, not to mention the negative or lack of objectivity of the Bank's debt settlement officers in the sale, auction of assets or other interests that adversely affect the borrower, mortgagors.
- In addition, HT Legal VN notes to borrowers and mortgagors that: Debt recovery activities belong to the Bank and do not have any illegal help or assistance from local authorities or police agencies. chief? Nor has the Bank ever hired bad actors in the society to collect debts because this is completely against the law. So, you can rest assured that the debt is your debt, but the house is also your house, unless there is a decision of a competent state agency (Court, Public Security, Judgment Execution...) to handle the debt, your property by law.
2. Why should a lawyer be consulted and represented?
First of all, it must be affirmed that the Lawyers here refer to the lawyers specializing in handling bank debts and professional law firms, with specific strengths such as HT Legal VN Law Firm. The consulting activities and implementation of legal services by non-specialized units/individuals will not bring about high efficiency, but on the contrary, the disadvantage is huge. The time factor, property value, grasping strengths and weaknesses, deciding to make a quick and accurate plan are prerequisites in negotiating these cases.
With the capacity, knowledge and practical experience of HT Legal VN, we carry out:
+ Review and evaluate all records, documents and analyze the client's strengths and weaknesses. From there, give the appropriate direction for the client's legal problem.
+ Determine the solution and advise the client on all relevant legal provisions, the client's statutory rights, the measures and solutions that will be implemented depending on each case and situation.
+ Guide and prepare beneficial evidences and documents.
+ Issue notices and documents to invite the Bank to work, give situations and opinions for negotiation and agreement. Also, offer suggestions for turning the passive into the active.
+ Directly represent clients to work with the Bank and related parties to proactively complain, initiate lawsuits or propose in favor of clients.
+ Provide effective and timely solutions to prevent and respond to illegal threats, pressure or to seize and handle the Bank's collateral.
With its professionalism, in addition to legal solutions, financial solutions and risk management solutions of HT Legal VN contribute to solving the problem, because after all, the Bank wants to recover the debt, and the client wants to repay the debt and the sale of the property, the transfer of the property or the raising of money is the final destination. The important thing is to agree or fight to calculate more losses in this disputed relationship.
Finally, with the scope of this article, HT Legal VN aims to pay close attention to the legal issues of the borrower - mortgagor, with the desire to provide professional and effective legal solutions and help protect best protect the legitimate rights and interests of clients.
Contact HT Lawyers to protect borrowers and mortgagors
HT LEGAL VN LAW FIRM
Office 1: 37/12 Alley 602 Dien Bien Phu, W.22, Binh Thanh District, Ho Chi Minh city.
Offfice 2: 207B Nguyen Phuc Chu, W.15, Tan Binh District, Ho Chi Minh city.
Email: info@htlegalvn.com Hotline: 09 6161 4040 - 09 0161 4040
