Do you plan to grant a loan? These are recommendations for companies or individuals to avoid any type of contingency when collecting a debt.
If you are a company or natural person and you are about to provide a loan or credit, whether to another company, worker, friend or family member, the question may arise if in the end the transaction will not become a cumbersome process with a debt that is impossible to collect. .
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Regarding this, Jenifer Rodríguez, specialist in procedural law at CMS Grau, provides recommendations to avoid some type of contingency when collecting a debt:
– Contract:. Draft a contract in which the willingness of the debtor to respond for the contracted obligation is expressed. This document acknowledges the existence of a debt and the commitment to pay it within a certain period.
– Embargoes:. Carry out registry searches, in order to find out if the debtor has movable or immovable property, which we could seize in the event of non-compliance with a debt.
– Registry of Delinquent Judicial Debtors. Consult the Registry of Delinquent Judicial Debtors (REDJUM), in which the information of all natural and legal persons declared “delinquent judicial debtor” is registered, by means of a judicial resolution. The platform is public and free:
READ: How to know what type of loan to request based on your economic situation?
– Real estate and furniture guarantees. Establish a real estate or movable guarantee in order to guarantee payment compliance.
– executive titles. The debt must be reflected in an executive title. With these documents, you or your company will be able to initiate a collection action in a judicial way that is processed more quickly, in order to force the debtor to pay the credit represented in said document.
– Financial reports. Consult the debt report of the person to whom a loan or credit will be granted, detailing the history of payments and non-payments of a person, in order to evaluate the payment capacity of the loan applicant (risk centers).
READ: Entrepreneur: four tips for getting a loan while in a risk center
What else should be taken into account?
Finally, in conclusion, we must specify that it is important to be aware of the financial situation, credit history and payment capacity of the debtor in order not to have problems when collecting an obligation from a credit or loan.
READ: Loan: Tips for not overloading yourself and maintaining a good credit history
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