Credit Recovery and Debt Collection
Injunctions and Executive Actions
Don't let third-party non-compliance affect your company's financial health or your personal assets. With the right legal support, you can recover your debts swiftly, legally, and professionally.
Reclaim what’s yours with legal support.
- Exercise your rights with qualified help
- Do not make decisions without consulting a lawyer
- Protect yourself with legal advice
Debt Recovery – Injunctions and Enforcement Actions
Legal services specializing in injunctions and enforcement actions.
In our law firm, we offer highly specialized legal services in Credit recovery and debt collection, with effective solutions for individuals, companies and condominiums facing situations of financial default by third parties.
Our approach is characterized by speed, procedural rigor, and customized strategies, whether through... injunction, Executive action or extrajudicial methods. We have an experienced and dedicated team with in-depth knowledge of national legislation regarding the judicial collection of debts.
What is an injunction?
A injunction It is a simplified and economical legal procedure that allows the creditor to quickly obtain an enforceable title against the debtor, provided that the debt is liquid, certain, and due.
Our legal team drafts and submits the injunction request to the National Injunction Desk, ensuring the correct completion of the application, the accurate identification of the parties involved, and the appropriate legal basis, in order to expedite the obtaining of the enforceable title.
What is an Executive Action?
When the injunction If the claim is not contested, or when a valid enforceable title exists, it is possible to proceed with the... Executive action, a legal process that aims to coercive debt collection through the seizure of the debtor's assets or income.
This is an essential phase in Debt recovery, In this context, the support of a lawyer is fundamental to ensuring that all legal means are used to guarantee the satisfaction of the debt, namely:
Seizure of bank accounts;
Garnishment of wages;
Seizure of movable and immovable property;
Judicial sale of seized assets.
Business vs. Individual Debt Recovery
Differences in legal approach
Business debt recovery typically involves larger sums and complex contracts, requiring detailed legal analysis and specific strategies. While debt recovery for individuals tends to be more straightforward, it also requires attention to specific legal details.
Customized strategies according to the type of creditor.
Each debt collection situation requires an approach tailored to the circumstances of both the creditor and the debtor. Specialized lawyers develop customized strategies, taking into account factors such as the amount of the debt, the nature of the contractual relationship, and the debtor's financial capacity.
Reclaim what's yours with legal support!
- Exercise your rights with qualified help
- Do not make decisions without consulting a lawyer
- Protect yourself with legal advice
When to hire a Debt Recovery Specialist Lawyer
Advantages of legal counsel
Having a lawyer specializing in debt recovery ensures a strategic and efficient approach to debt collection. The professional guides the creditor from the extrajudicial phase to the judicial execution, ensuring strict compliance with legal procedures and maximizing the chances of debt recovery.
Most common cases of judicial reorganization
The most frequent situations that require judicial intervention include:
Breach of commercial contracts;
Lease debts;
Credits resulting from the supply of goods or services;
Condominium fee debts.
Fees and associated costs
Lawyers' fees vary depending on the complexity of the case and the amount of the debt. In addition, there are court costs and procedural expenses associated with injunction and enforcement proceedings. It is advisable to request a detailed quote before starting the process.
Stages of the Judicial Credit Recovery Process
Out-of-court collection attempts
Before resorting to the courts, it is advisable to try to resolve the situation amicably, through direct contact with the debtor, sending collection letters, or negotiating payment agreements.
Opening of injunction
If out-of-court attempts are unsuccessful, the creditor may file an injunction request at the National Injunction Desk, formally initiating the judicial collection process.
Transformation into executive action
If the debtor does not contest the injunction or if an enforceable title is issued, the creditor may proceed with enforcement action, aiming at the coercive collection of the debt.
Execution of assets and seizure
In enforcement proceedings, the debtor's movable or immovable property, or income, may be seized. The seized assets are subsequently sold, and the proceeds are used to satisfy the creditor's claim.
Reclaim what’s yours with legal support.
- Exercise your rights with qualified help
- Do not make decisions without consulting a lawyer
- Protect yourself with legal advice
The Role of the Lawyer in Injunction Proceedings
A injunction It is the first step in the legal collection of a debt and, despite being a simplified process, involves legal formalities and specific requirements. The lawyer assures:
1. Analysis of the feasibility of the process.
Before proceeding, the lawyer assesses whether the debt meets the legal requirements (liquid, certain, and due), whether there is sufficient supporting documentation, and whether the process has a real chance of success.
2. Drafting and submitting the injunction request.
Draft the request clearly, with legal justification and all necessary elements (identification of the parties, amount owed, origin of the debt, attached documents). The lawyer submits this request electronically through the... National Injunction Desk (BNI).
3. Monitoring the process
The lawyer follows all stages of the injunction process — receipt, any opposition from the debtor, and obtaining the... executable title if there is no objection.
4. Transformation of the injunction into an enforceable title.
If the injunction is not contested, the lawyer requests that it be affixed. executive formula, which will allow you to start Executive action.
The Role of the Lawyer in Enforcement Proceedings
A Executive action This is the next phase, where the debt is collected through coercive means, usually by seizing assets. The lawyer plays an even more crucial role at this stage:
1. Drafting the executive request
Based on the enforceable title (uncontested injunction, court judgment, debt acknowledgment contract, etc.), the lawyer prepares the application that initiates the enforcement proceedings.
2. Procedural processing in court
The lawyer ensures that the process is conducted legally and within deadlines, responds to notifications, submits procedural documents, and represents the client before the court. Enforcement Agent and the court.
3. Monitoring of the seizure
The lawyer guides the enforcement agent in identifying and locating the debtor's attachable assets — such as real estate, bank accounts, vehicles, salaries, or shares in companies.
4. Negotiation and partial or total recovery
Whenever possible, the lawyer attempts out-of-court settlements that allow for the swift and less costly recovery of the debt, while maintaining the client's legal protection.
5. Credit settlement
After the sale of the seized assets, the lawyer ensures that the amount is correctly delivered to the creditor, after deducting costs and legal fees.
Frequently Asked Questions about Injunctions and Enforcement Actions
-
What is an injunction?
It is a simple legal procedure that allows you to demand payment of debts without the immediate need for legal action.
-
When can I use the injunction?
When the debt is certain, liquid, due, and proven by documents.
-
What happens if the debtor does not respond to the injunction?
An enforceable title is issued that allows for the continuation of enforcement proceedings.
-
Uma ação executiva é um processo legal que permite que um credor obtenha o pagamento de uma dívida não paga. Isso geralmente envolve a busca de uma ordem judicial que autoriza o credor a apreender e vender os bens do devedor para satisfazer a dívida.
It is the legal process that allows for the coercive collection of debt, through the seizure of assets or income.
-
Do I need a lawyer to file an injunction?
It's not mandatory, but it's highly recommended to ensure the success of the process.
-
Do I need a lawyer in the enforcement action?
Yes, legal representation is mandatory when the amount exceeds €5,000.
-
What debts can be collected through legal action?
All documented and overdue debts, such as rent, invoices, loans, fees, etc.
-
Is it possible to garnish wages or bank accounts?
Yes, provided the legal limits of non-seizability are respected.
The team at Advogados-RecuperaçãodeCréditos.pt is ready to respond to your clients' needs anywhere in Portugal. Whether in Lisbon, Porto, Setúbal, Braga, Aveiro, Leiria, Coimbra, Viana do Castelo, Vila Real, Bragança, Viseu, Guarda, Castelo Branco, Santarém, Portalegre, Évora, Beja or Faro, in all districts of Portugal, our credit and debt recovery lawyers are ready to guide and represent their clients according to the needs of each case.
Why choose Debt Recovery Lawyers?
When it comes to credit recovery or debt collection, choosing the right legal partner makes all the difference. Working with lawyers specialising in credit recovery is the safest, most effective, and legally sound way to ensure that the amount due to you is collected swiftly and with the appropriate means.
Whether for the collection of overdue invoices, commercial debts, late rents, or unpaid personal loans, a debt collection lawyer offers not only legal knowledge but also strategy and negotiation experience to maximise the chances of success.
- Comprehensive legal analysis of the debtor's situation: We identify the best route for credit recovery — out-of-court or judicial — based on specific documentation and context.
- Access to legal mechanisms such as injunctions and enforcement actions: A debt recovery solicitor can quickly initiate legal proceedings such as enforcement actions, seizures and injunctions.
- Professional negotiation with debtors: We avoid unnecessary conflicts through out-of-court debt collection based on mediation and dialogue, protecting the client's image and interests.
- Reduction of financial and time losses: With specialised legal intervention, debt statute of limitations are avoided and recovery rates are increased.
- Full representation in court and out of court: From sending letters before action to judicial enforcement, our lawyers will guide you through every stage of the process.
- Nationwide operations, with tailored solutions: we adapt our strategy to the client's profile: individuals, companies, residential complexes or public entities.
Choosing specialist debt collection lawyers means acting decisively, but also with legal certainty. Our focus is to ensure you recover your debt with minimal hassle and maximum effectiveness.
If you're looking for results and want to turn a problem into a solution, talk to us today.
Recover your credits safely and effectively.
Don't let third-party non-compliance affect your company's financial health or your personal assets. With the right legal support, you can recover your debts swiftly, legally, and professionally.
geral@advogados-recuperacaodecreditos.pt
Telephone
+351 914 422 409
(call to the national mobile network)