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RECEIVABLES MANAGEMENT

Objective: Prevention against any unpaid debts
and, if necessary, their effective enforcement.

Witt & Kleim Law office performs comprehensive receivables management.

The primary objective of legal services in this area is prevention of forced recovery of claims from debtors. Therefore the law firm performs auditing of possible future business partners for the client and depending on the degree of the identified risk the law office advises the client on preventive legal solutions leading to minimizing delays of fulfillment of obligations, ensuring the enforcement of claims for the client and facilitating his evidentiary situation mainly through securing of claims under the security agreements, liability, debt acceptance, bills, recognition of an obligation, repayment plans or notarial deeds (see also section Legal services - Contract law).

Despite an extensive portfolio of the managed claims we approach each case individually and when we recommend methods aimed at settling a receivable we take into account the best interest of the client and the particularities of the case including financial status of the debtor and the standard length of judicial proceedings.

As a part of the receivables management we provide legal services in extrajudicial dispute resolutions to our clients, particularly in cases where the special treatment is required and also it is not appropriate to resolve them by judicial means – for example if it is a strategic partner. In such cases, we use services of specialized mediators.

The law firm provides legal services to clients in court proceedings and these services are based on preparation and filing of the motions and also the legal representation in subsequent legal proceedings, active participation in hearings and application of the procedural rights of the client. The law firm also provides the same services in arbitration proceedings that represent a generally faster alternative to standard legal proceedings.

Legal services in the area of receivables also include their forced recovery in the enforcement proceedings. The legal services of our law firm do not stop with the filling of a request for a levy. On the contrary, we actively communicate with the bailiff for the purpose of recovering the debt as quickly as possible.

Thanks to many years of experience in bankruptcy law, we have been representing our clients successfully in bankruptcy and restructuring proceedings with their debtors. In these cases we lodge the claims on behalf of the client and we also consequently apply the creditor's rights that include representation in proceedings for the granting of voting rights in interlocutory procedure or in the exclusionary procedure and in creditor bodies, and also analysis of other creditor's filed claims and their denial. Based on the client's instructions we initiate bankruptcy proceedings, in legitimate cases by filing a petition for bankruptcy.

The law firm ensures an effective management of receivables by experienced personnel providing the accurate and actual information to the customer, and also by technical systems that allow to perform automated actions that increase the efficiency of services while reducing their costs and making it possible to manage the entire portfolio of receivables of the client (i.e. regardless of their number).

The Law office provides legal services in assignment (sale) of claims, including legal help in public tenders, auctions, or electronic tenders for sale of receivables with the highest profit for the client called “procurement”.

Services provided in the agenda of

managing receivables

Analysis of the partner's situation before entering into a contract

Recommendation of the commercial solutions of each individual case

Legal analysis of the application and debt recovery

Comprehensive management during the pre-trial stage

Extrajudicial recovery

Personal communication with debtors

Preparation of legal acts relating to claims (pledge contract, liability, accession to a debt, promissory note, notarial deeds, recognition liability / debt, repayment plan, settlement agreements)

Preparation of actions in court, application for a payment order, proposals to levy of execution, files for bankruptcy.

Logging receivables in bankruptcy, restructuring and liquidation, denying receivables of other creditors, preparation of proposals for the grant of voting rights

Legal representation in court proceedings, arbitration proceedings, in enforcement proceedings, in bankruptcy proceedings, in restructuring proceedings, in proceedings brought for bankruptcy or restructuring proceedings (interlocutory procedure, exclusionary procedure, procedure based on an actio pauliana)

Legal representation in the sale of receivables - contracts of assignment of receivables

Operations related to competitions, auctions and tenders for the purpose of assignment of receivables portfolio



The above-mentioned list of services is merely illustrative and in regard to the scope of legal relations in this area of law, it does not contain the entire range of services provided by the Witt & Kleim Law firm. If you do not find a service you require in the list, please feel free to contact us anytime and we will inform you free of charge regarding the possibility of providing the services you have requested. Phone numbers and e-mail addresses can be found in the Contact section.

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Answers to other questions can be found in the FAQ section

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