I. Types of debts arise from civil contracts
Besides the debts arising from commercial activities, debts also arise from civil contracts such as civil purchase contracts, loan contracts, mortgage contracts, heredity, land-use-right transfer contracts, and other types of contracts according to the Civil Code.
Normally, civil debts are hardly collected because the parties are acquainted with each other so that they did not sign a contract but only have a handwritten debit note, verbal agreement, contracts that have invalid content or form as provisions of the laws.
II. Who are TNTP’s Clients in collecting debts in civil contracts?
Debts arising from civil contracts are very diverse, therefore, TNTP’s Clients also have a wide range.
For debt collection in civil contracts, TNTP’s Clients can be:
- The buyer or the seller in the property purchase and sale contract. In particular, the client can be the buyer in case the seller does not deliver the property or delivers the property with the wrong type or quality after the buyer pays. The client can be the seller in case the buyer fails to pay or does not pay in full and on time after the seller has delivered the property;
- The lender in the loan contract;
- The mortgagor, the assignor or the mortgagee, the assignee in the land-use-right transfer contract. In particular, the client can be the mortgagor, the assignor in the case the certificate of land-use-right and the land has been handed over but the mortgagee or the assignee does not give money or make payment to the mortgagor, the assignor. The client can be the mortgagee or the assignee in the event that the money has been paid but the mortgagor or the assignor does not hand over the land, carry out procedures to transfer land-use-right.
III. What do Clients need to prepare before working with TNTP?
Before working with TNTP, Clients need to prepare the following information, documents:
- Civil contract, if the parties do not sign a civil contract in writing, clients shall provide discussion messages between the parties or papers and documents proving the transaction between the parties;
- Documents related to the contract performance such as money receipts, house, and land hand over papers, land-use-right certificate, …;
- Other documents related to the debt (if any).
IV. How does TNTP receive and process information?
When Clients contact TNTP, TNTP’s Lawyers will receive and process information as follows:
- Step 1: Based on the information, documents provided by Clients as well as discussions with Clients, Lawyers of TNTP will research the case and give some initial consultation.
- Step 2: Then, TNTP will send a Quotation attached to a detailed implementation Plan to Clients so that Clients can consider signing Legal Service Agreement with TNTP.
- Step 3: In case Clients agree with the Quotation, TNTP will send a Legal Service Agreement to Clients. The Parties will sign Agreement and Clients will pay legal services fee to TNTP (if any).
Kindly be noted that the legal service fees of TNTP are exclusive of Value Added Tax, court fees, arbitration fees, fees according to state regulations, travel expenses for lawyers, translation, photocopying, notarization, and authentication fees, long-distance telephone, postage charges, and other reasonably incurred expenses. In case the above-mentioned expenses are incurred, TNTP will propose opinions to Clients and TNTP will only perform the work if Clients agree to pay reasonably incurred expenses.
After signing the Agreement and receive service fees (in case there is a fixed service fee), TNTP will perform works according to the Quotation and the implementation Plan that Clients has agreed.
V. Works that TNTP will implement when providing legal service over debt collection
Normally, works that TNTP will implement when collecting debts include:
- Searching for information about the debtor: name, tax code, legal representative, actual operation address, operation, and business status, …
- Contact the debtor directly or by phone, messages, e-mails to request the debtor to pay the Debt for the Client.
- Send a Letter of Demand (LOD) to the debtor to request the debtor to pay the Debt for the Client.
- Representing the Client to attend meetings with the debtor to agree on the payment schedule and the settlement plan of the debt.
- Searching for legal violations of the debtor and sending a Denunciation to the competent authority about violations in case the debtor evades, does not pay the Debt to the Client.
- Proceed to initiate a lawsuit to collect the Debt in case TNTP considers that the lawsuit is feasible and the Client agrees with the lawsuit plan.
VI. TNTP’s commitment to legal service
With the attitude of protecting the legal rights and interests of the Client, TNTP has been and will try to bring Clients trust and comfort when using TNTP’s legal services.
Throughout the process of providing legal services, TNTP commits to support Clients and perform the work in the fastest, most timely and effective way, regularly report the progress of the case as well as give the next plan so that Clients can easily monitor and evaluate the work results.
