An additional facilitation in debt collection is that all letters submitted to the e-Court rely on completing completed forms, which reduces the risk of error. Compared to proceedings before an ordinary court, this is an attractive alternative, as any formal failure to submit a letter to a stationary court results in the letter being returned to the party to be completed within 7 days. In addition, in the lawsuit filed to the e-Court, evidence is only cited, it does not need to be attached (e.g. documents).
The Right Limits
In the case of online debt collection, the debt collection agency system allows you to prepare a ready application for an e-Court , which you only need to load and pay on your account in the e-Court system.
The defendant finds out about the case against him after issuing the order for payment, which is served on him by post. He can submit a simple objection, not requiring justification, within 14 days of service of the order. This deprives the order for payment of legal force and transfers the case to the court of first instance competent, as a rule, by place of residence or seat of the defendant. If the defendant does not raise an objection or comply with the judgment ordering payment within 14 days of service of the document, the plaintiff may request the bailiff to carry out the enforcement proceedings. Sometimes it happens that for debt collection to be effective, it is the only way to recover the debt.
Preparation of the claim to court
In order to start proceedings in a traditional court, you must prepare and file a lawsuit. A lawsuit is a letter to the court that contains regulatory elements. If any of them run out, the court will call you to supplement formal errors, setting you a weekly deadline, which of course delays the examination of the case, and thus delays debt recovery. You can have a lawsuit prepared by a professional representative (a lawyer), but if you want to save money, you can also write a lawsuit yourself.
What elements should be included in the lawsuit?
It is accepted that the date and place of its preparation are indicated at the beginning of the letter, but it is not obligatory, as it does not follow from the provisions. The court’s lawsuit means the date of receipt and it will have legal effects, not the date of writing.
It is mandatory to mark the court to which you are appealing and provide the court’s address. You can also indicate the department to which the letter is addressed. Remember that you normally file a lawsuit with a court covering the domicile or registered office of the defendant. Cases in which the value of the subject matter of the dispute does not exceed dollars 75,000 are decided by District Courts at first instance. Disputes for higher amounts fall within the jurisdiction of the District Courts.