What alternatives do I have to the judicial process to claim unpaid debts?
Translation generated by AI. Access the original version
When a company or professional faces an unpaid debt, the first option that usually comes to mind is to go to court. However, there are alternative ways that can be more agile, cost-effective, and efficient, especially if one seeks to avoid direct confrontation or high legal costs.
1. Mediation: assisted dialogue with legal support
Mediation is a voluntary process in which an impartial third party, the mediator, helps the parties reach an agreement. It is especially useful when both parties are willing to resolve the conflict without unnecessary tensions.
-
The agreement reached is not mandatory if a consensus is not reached.
-
If signed and notarized, it can have enforceable power, like a court judgment.
-
Negotiations are confidential, and the process can be abandoned at any time.
-
The presence of a lawyer is not mandatory, but it is highly recommended to have legal advice.
2. Arbitration: a binding resolution without going to court
Arbitration allows the parties to delegate the decision to a professional arbitrator, who issues a binding arbitral award, equivalent to a judicial decision.
-
It is only possible if both parties accept arbitration, either in the contract or by subsequent agreement.
-
It can be a legal arbitration (according to the law) or an equitable arbitration (according to the arbitrator's criteria).
-
It is a more agile and flexible process than the judicial one, and also more confidential.
3. Notarial monitorio: effectiveness without court intervention (in some cases)
Notarial monitorio is a tool exclusive for claiming debts from companies or professionals (it cannot be used against consumers).
-
The notary notifies the debtor, who has 20 days to pay or object.
-
If there is no response or payment, a notarial executive record is generated valid for judicial claim.
-
If there is an objection, the procedure must continue in court.
-
It is a faster and more cost-effective way than the traditional judicial process.
RELATED CONTENT
-
How to resign from a company car if you are an employee, self-employed or a business owner?
Resigning from a company vehicle has contractual, tax and administrative implications. The procedure will be different depending on whether it is an employee or a self-employed person or company that wants to dissociate the vehicle from its activity.
-
What is the prohibition of chaining temporary contracts?
Labor regulations limit the succession of temporary contracts to prevent the prolonged use of temporary hiring. Exceeding certain deadlines may cause the worker to acquire permanent status in the company.
-
Who can deduct the VAT incurred? Requirements and necessary documentation
Not all incurred VAT is deductible. To properly exercise this right, it is necessary to meet a series of material and formal requirements that affect both the activity carried out and the documentation and accounting records.
