Legal Collection of debt
Servicio Legal SAS, performs all activities that seek the collection of accounts receivable, whether in pre-legal, legal or extra-legal stage.
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What is pre-legal collection?
Pre-legal collection are the steps taken to persuade the debtor to pay its economic obligation, such as written communications, telephone calls, e-mail messages, face-to-face meetings in order to achieve the payment of the debt.
- The debtor is contacted
- Communications are sent by registered mail
- Regular telephone calls are made
- Conciliation Hearings prior to the executive process
- Reporting to credit bureaus
What is a legal collection?
Legal collection is carried out through judicial proceedings aimed at achieving the payment of the debt with the pronouncement of civil judges, seeking the seizure of real and personal property owned by the debtor, as well as bank accounts, securities, shares, salaries and income.
- The executive process is underway
- The singular or ordinary process is carried out
What is an extra-legal collection?
Extra-legal collection is carried out through conciliatory agreements and direct agreements with the debtor in order to seek an early termination of the judicial process by payment agreement or full payment of the obligation.
- The aim is to reconcile with the debtor the payment of the balances owed.
- Direct agreements are sought with the debtor
How much does pre-legal and legal collection cost?
- Pre-legal collection: 15%.
- Legal and extra-legal collection: 25%.
Process
More information on pre-legal and legal collection in Colombia
Acquiring credit, renting a house or taking out a loan are situations that require a lot of care, they are situations that involve money and if we do not meet the installments it could lead us to legal problems.
In Colombia there are two mechanisms that creditors may use to enforce payment by debtors: pre-judicial collection and legal collection.
The pre-judicial collection are all the actions taken by the creditor or the person who made available (such as a lawyer), to convince the debtor to pay the debt, these processes can be phone calls, emails, or deals between both parties to pay the debt. This process is also known as extraprocedural or persuasive collection, and this tool seeks to resolve the debt without the need for the intervention of judges.
If pre-judicial collection processes are carried out, but the debt was not solved, a legal collection can be presented, this collection is already in the hands of judges of the republic, where they carry out the collection actions, here there can be seizures of the debtor’s assets, and freezing of their bank accounts and salaries. This process aggravates the debt by up to 50% as it also requires the payment of all costs for administrative expenses, current interest charges, late payment interest charges and attorney’s fees.
Is the collection fee rate regulated?
So far, there is no regulation on fee rates; generally, it is the companies that impose a percentage based on the amount owed.
When is the payment of fees not made by the debtor?
Only during a pre-judicial collection process in entities that offer housing loans, those fees according to the law, will be covered by the entity, if a legal collection process is reached, the fees will be charged to the debtor. For other loans, the debtor pays the fees according to the company’s internal policies.
What can I do to get out of a legal collection?
The best thing to do is not to hide, this can aggravate the situation, talk to the banks or the person with whom you have the debt, to reach an agreement, these legal collection processes are long and tedious, it is very important to try to reach an agreement so that the lender drafts a letter to the courts to terminate the legal collection.
PRE-LEGAL AND LEGAL COLLECTION
At Servicio Legal we take care of managing your pre-legal, legal and extra-legal collections.
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