Tu dinero: recomendaciones antes de otorgar un crédito o préstamo

recommendations before granting a credit or loan

Loan or credit. These are some recommendations to avoid some type of contingency when collecting a debt.

Whether you are a company or a natural person and you find yourself in the situation of providing a loan or credit to another company, worker, friend or family member, the question always arises if in the end the transaction will not become a cumbersome process with a uncollectible debt.

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For this reason, Jenifer Rodriguez, specialist in procedural law at CMS Grau, gives us recommendations to avoid any type of contingency when collecting a debt:

Contract

Draft a contract in which the document expresses the will of the debtor to respond for the obligation contracted, with this document the existence of a debt and the commitment to pay it within a certain period are recognized.

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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 a debt default.

Registry of Delinquent Judicial Debtors (REDJUM)

Consult the Registry of Delinquent Judicial Debtors, an electronic platform, in which the information of all natural and legal persons, declared “delinquent judicial debtor” by judicial resolution, is registered, the platform is public and free:

Real estate and furniture guarantees

Establish a real estate or movable guarantee in order to guarantee payment compliance.

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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, this report details the history of payments and defaults of a person, in order to evaluate the payment capacity of the loan applicant. (Central risk)

Finally, as a conclusion, we must specify that it is important to be aware of the debtor’s financial situation, credit history and payment capacity in order not to have problems when collecting an obligation from a credit or loan.

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