Latest court procedures for filing a corporate debt recovery lawsuit in 2026

In business activities, the situation where a business partner delays payment or fails to perform its payment obligations under a contract is quite common, directly affecting the cash flow and operations of a business. In cases where negotiation measures do not achieve results, the business may file a lawsuit with a competent Court to request the debtor to perform its payment obligations in accordance with the law.

However, in order for the dispute resolution process to be carried out effectively, businesses need to clearly understand the procedures for filing a lawsuit with the Court. This article will provide guidance on the procedures for filing a corporate debt recovery lawsuit, from the stage of preparing the case file, submitting the statement of claim, participating in court proceedings, to the enforcement stage for the actual recovery of the debt.

1. Step 1: Contact the debtor to verify information and make a final demand for payment

Before filing a lawsuit, the company should contact the debtor to verify information relating to the debt and make a final demand for payment.

This helps the company update information regarding the debtor’s operational status, registered office address, and legal representative, while also creating an opportunity for the parties to negotiate a payment arrangement before resolving the dispute before the Court.

In the event that the debtor still fails to perform its payment obligation or does not provide a good-faith response, the company may proceed with the subsequent steps to file a lawsuit for debt recovery in accordance with the law.

2. Step 2: Prepare the dossier for filing a corporate debt recovery lawsuit

The company should review and prepare a complete set of documents and evidence supporting its claim. Depending on the specific case, the lawsuit dossier may include the following documents:

• Statement of claim;
• Enterprise Registration Certificate of the plaintiff;
• Contract, contract appendices, or agreements giving rise to the payment obligation;
• Value-added tax (VAT) invoices;
• Delivery records, acceptance minutes, or documents evidencing the performance of contractual obligations;
• Debt reconciliation records between the parties;
• Emails, text messages, or other correspondence relating to the debt;
• Official letters, notices, or written demands for payment sent to the obligor;
• Payment documents (if any).
• Power of Attorney or documents evidencing the lawful representative capacity of the person signing the statement of claim (if the signatory is not the company’s legal representative);
• Other documents and evidence relating to the establishment and performance of the payment obligation.

3. Step 3: Submit the lawsuit dossier to the competent Court

After completing the dossier, the company shall submit the statement of claim and the accompanying documents to the competent Court for settlement of the case.

Clause 1, Article 190 of the 2015 Civil Procedure Code (“CPC”) provides that the plaintiff shall submit the statement of claim together with the documents and evidence currently available to the competent Court through one of the following methods:

• Submit directly to the Court;
• Send to the Court via postal service;
• Submit electronically through the Court’s online portal (if available).

4. Step 4: Court’s receipt and processing of the Statement of Claim

After completing the procedures for receiving the dossier, the Court shall proceed with processing the statement of claim and the accompanying documents and evidence.

Clause 3, Article 191 of the CPC provides that, within 05 working days from the date of assignment, the Judge shall review the statement of claim and make one of the following decisions:

• Request amendment or supplementation of the statement of claim;
• Proceed with the case acceptance procedures under the ordinary procedure or the summary procedure if the case satisfies the conditions for resolution under the summary procedure as prescribed in Clause 1 or Clause 5, Article 317 of the CPC;
• Transfer the statement of claim to the competent Court and notify the plaintiff if the case falls under the jurisdiction of another Court;
• Return the statement of claim to the plaintiff if the case does not fall within the jurisdiction of the Court.

Where the case falls within the jurisdiction of the Court, the Judge shall promptly notify the plaintiff to come to the Court to carry out the procedures for payment of the court fee advance if the plaintiff is required to pay such advance.

The Judge shall estimate the amount of the court fee advance, specify such amount in the notice, and deliver the notice to the plaintiff so that the plaintiff may pay the court fee advance.

5. Step 5: Payment of the Court fee advance

Clause 2, Article 195 of the CPC provides that, within 07 days from the date of receipt of the Court’s notice on the payment of the court fee advance, the plaintiff shall pay the court fee advance and submit the receipt for such payment to the Court.

The Judge shall accept the case upon the plaintiff’s submission of the receipt for payment of the court fee advance to the Court. Accordingly, payment of the court fee advance as prescribed by law is one of the important conditions for the Court to accept and resolve the case.

6. Step 6: Acceptance of the case and Court proceedings

After the plaintiff submits the receipt for payment of the court fee advance to the Court, the Judge shall accept the case in accordance with the law.

From the time the case is accepted, the Court shall undertake the necessary procedural activities to resolve the case, including notifying the parties of the acceptance of the case, establishing the case file, requesting the parties to submit documents and evidence to the Court, conducting verification and collection of evidence, and carrying out other procedural activities.

7. Step 7: Conduct Mediation Court

Within the period for preparation for the first-instance trial, the Court shall conduct mediation to enable the parties to reach an agreement on the resolution of the case, except for cases in which mediation is not permitted or cannot be conducted as prescribed in Articles 206 and 207 of the CPC, or cases resolved under the summary procedure.

Where the parties reach an agreement on the resolution of the entire case, the Court shall prepare a record of successful mediation and issue a decision recognizing the parties’ agreement.

The decision recognizing the parties’ agreement shall take legal effect immediately upon issuance and shall not be subject to appeal or protest under the appellate procedure.

If the mediation is unsuccessful or the case falls within a circumstance where mediation cannot be conducted, the Court shall continue resolving the case and bring it to trial in accordance with the civil procedure.

8. Step 8: First-instance trial

Where the parties fail to reach an agreement on the resolution of the entire case or the case falls within a circumstance where mediation cannot be conducted in accordance with the law, the Court shall issue a Decision to bring the case to first-instance trial.

At the first-instance hearing, the Trial Panel shall examine the entire claim, the documents and evidence submitted by the parties, and the parties’ statements in order to render a judgment on the case.

Accordingly, the Court may uphold all or part of the plaintiff’s claim and order the obligor to pay the outstanding debt, default interest, and other obligations (if any) in accordance with the law.

9. Step 9: Appeal or protest (if any)

After the Court issues the first-instance judgment, within the time limit prescribed in Article 273 of the CPC, the parties have the right to appeal if they disagree with all or part of the judgment.

At the same time, the Procuracy has the right to protest the judgment in accordance with the civil procedure law.

Where a valid appeal or protest is filed within the statutory time limit, the case shall be reviewed and resolved by the appellate Court under the appellate procedure.

10. Step 10: Request for judgment enforcement after the Court’s judgment or decision has become legally effective

To protect its lawful rights and interests, the company, as the judgment creditor, shall exercise its right to request judgment enforcement in accordance with the Law on Civil Judgment Enforcement.

Accordingly, the judgment creditor shall submit a request for judgment enforcement and cooperate with the civil judgment enforcement authority during the enforcement process, including the verification of the judgment debtor’s enforcement conditions and the application of compulsory enforcement measures.

Filing a debt recovery lawsuit not only enables a company to require the debtor to perform its payment obligations but also provides the legal basis for requesting the judgment enforcement authority to recover the debt in practice.

Therefore, the company should comply with the prescribed procedural requirements and prepare complete documents and evidence in order to enhance the likelihood of debt recovery and protect its lawful rights and interests.

Yours sincerely,