Frequently Asked Questions

 

 

20. I've heard it's easier to collect when there are checks, promissory notes or bills of exchange signed, why is that?

It is indeed faster and probabilities to effectively collect are higher when there are promissory notes, checks, or bills of exchange duly signed. Such documents allow creditors for an immediate writ of attachment (resolution allowing seizure of debtor's property), without placing bond. Any procedure based these "credit instruments" are generally shorter and the collection process is consequently faster.

Another big advantage of pursuing a collection through a credit instrument is that the defendant is not going to be allowed to bring in arguments relating to the commercial transaction or the parties' rights or obligations derived from such business. They only allegations that will be relevant in such proceedings will be generally those relating to payment and validity of such credit instrument. These will be important factors since debtor will have very few defenses against a complaint, and there will practicably no need to bring in witnesses to support our claim.

 

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