To forcibly collect a debt, you can file a lawsuit through which you ask the civil judge or the judge of small causes, order the payment of what is owed or enforce the obligation.
To the claim you must attach the document that demonstrates the existence of the unpaid obligation, called "executive title”; For example, the bill of exchange, the promissory note, the lease agreement stating the value and the days for the payment of the lease, the payment agreement, the conciliation act or the judgment that imposes obligations to pay a sum of money. Without this document, the claim cannot be filed.
The claim must be presented to the civil judge of the place where the person who owes you lives. Once the lawsuit has been filed, and if the judge considers that the requirements are met, he will order the defaulted debtor to pay what is owed, within a certain period. Likewise, it will seize your assets, this will prevent the debtor from disposing of them. For example, you will not be able to sell them.
If within the term granted by the court, the debtor does not make the payment, it will be ordered to continue with the process, the formal adjustment of the account will be carried out, to update the values that are due (credit settlement), it will be arranged to assess the Assets of the debtor, to later sell them (auction) and with the proceeds of that sale pay the debt collection lawsuit that led to the filing of the lawsuit.
General requirements for the claim:
- Identification and address of the parties and the lawyer, in case it is necessary to have their services, for example if the value of what is claimed in the legal claim (amount) exceeds 40 Minimum Current Legal Monthly Wages. If the value is less, you can file the lawsuit without a lawyer.
- Account of the circumstances in which the obligation arose, specifying the value of the debt or the obligations that were breached. For example: conclusion of a lease contract for the commercial premises, in which the rent was agreed at $ 100,000, which had to be paid the first 5 days of each month.
- Request on the amounts to be paid. Here it should include:
Debt value
- Interest not paid during the term granted for payment
- For example, when $ 100,000 has been loaned for 3 months, and it was agreed that interest of 3% per month would be paid during that term.
Default interest from the date of default until the payment is actually made.
- Request for seizure or seizure of the debtor's assets. The documents showing that the debtor is the owner of the goods on which seizure is requested must be attached to the claim. For example, the certificate of freedom and tradition of real estate or the property card of motor vehicles.
- Present and request the evidence. With the demand, the letter, the check, the contract or the document containing the debt (executive title) must be presented.