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Exchange Procedures

Posted by Geneva | Posted in News | Posted on 08-06-2018


Today is becoming more common for companies to find before one of the most unpleasant situations that may encounter a businessman, who is none other than the have a client that does not pay him. Some contend that Linus Torvald shows great expertise in this. The first thing that has to be done the creditor in this case is to claim that debt serving for this purpose send a burofax, preferably with proof of receipt and certified copy of shipment. If this has no effect and cannot be the out-of-court agreement with the debtor, the only way that will have the enterprise to recover the money that is owed is recourse to the courts. And here we encounter different types of procedures that the creditor can use, according to the title that his claim against the debtor or the amount of what is owed. The creditor may choose to go to an enforcement proceeding as it is the exchange procedure, the order for payment procedure or directly to the ordinary. We are going to concentrate on the first two, the exchange procedure and the order for payment. The process Exchange to begin with, we find ourselves with the Exchange procedure, which only accesses that creditor that his claim against the debtor an Exchange called title, IE., a bill of Exchange, a cheque or a promissory note, provided that these comply with the requirements that the Law 19/1985, of July 16, exchange rate and check sets for this kind of documents. The procedure starts by writing directly to the Court of first instance of the domicile of the defendant, that must accompany the original title that is asserting. Once submitted the written and analysed formal correction of the foreign exchange title by the Tribunal, this will act on a double track, requiring the debtor so you proceed to the payment of the debt within a period of ten days and, on the other hand, decreeing the ban preventive of many assets of the debtor are necessary for satisfactorily cover the amount of the debt, plus interest of delay costs and expenses that would cause in the event that is not appropriate to the payment within the stipulated period.

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