Coercing
A security interest coerces the debtor to perform his or her obligation so that the security would not be claimed.
SECURING OF CLAIMS
In close cooperation with our attorney’s office, we arrange all legal acts leading toward securing of claims. Primarily, this concerns pledging movables and immovables, bills of exchange, blank bills, non-negotiable bills including agreements on their performance, bank surety bonds, transfers of ownership rights, notarial instruments with an immediate enforcement clause, declarations of surety bonds, declarations of certification, and so on.
Securing of claims is well justified especially for companies that operate in highly competitive environments, sell by invoice, and must offer to their business partners quite long payment periods for paying for their goods and services.
The most reliable security instruments make available to the obligee values (money, things) that, ideally, are more than adequate to the value of the debt.
This is a very complex, and, even more importantly, a distinct area, and each case must be thoroughly analyzed and individually assessed.
Regarding assessing the degree of the bearability of the risk, when choosing a suitable security instrument, it may also be useful to divide security instruments into those that are applied before the debtor fails to perform (e.g., bank surety bond, security interest, declaration of surety bond, and so on) and those that are applied after the debtor fails to perform.
Security interest has two functions:
Securing
In such a case when the debtor does not perform his or her obligation, a security interest allows the obligee to collect the claim by selling the secured object.
Regarding the secured object, a security can be any movable or immovable thing, including business shares, securities, and claims. However, it always must be a thing that is individually determined and separate.
It is not possible to use as security “all of the debtor’s property”. Also, a security must be an alienable thing, that is, a thing that can be converted into money or transferred to another.
Only a thing under the ownership right of the person offering the security can serve as a security. A thing of another may serve as a security only with the rightful owner’s consent.
Deal with securing your claims today
The best claim is one that is never created. But if a claim has been created, we will help you to secure it. And if a claim is not secured, we will work to collect it. Start dealing with your claims today and contact us.
Other services
Out-of-court
Collections of out-of-court claims are carried out based on concluding an order contract under the new Civil Code.
out-of-court claims
Court
We provide comprehensive legal representation, from filing a claim with the court to the final and conclusive decision of the court and an application for enforcement order.
court claims
Enforced
Based on the kind of the enforcement title, we will conduct an analysis, assess the creditworthiness of the debtor, and suggest the possible ways to deal with the situation.
enforced claims
Purchasing
We carry out purchases of whole packages of claims, primarily those in the banking, energy, telecommunications and natural gas sectors.
purchasing of claims