Answering common questions about personal debt collection procedures | iGuide

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Frequently asked questions about personal debt collection procedures

This article answers frequently asked questions about the personal debt collection process. It provides detailed information on common problems that debt collectors may encounter, from preparing documents, how to contact debtors, to possible legal measures. The article helps people and organizations handle debt effectively and in compliance with legal regulations.

During the process of carrying out personal debt collection procedures, creditors may encounter some difficulties and questions about the following issues:

1. Statute of limitations

According to Article 429 of the 2015 Civil Code, the statute of limitations for filing a lawsuit to request the Court to resolve a contract dispute is 03 years, from the date the person entitled to request knows or should know that his/her legitimate rights and interests have been violated. The parties are only entitled to request the Court to apply the statute of limitations for filing a lawsuit before the Court of First Instance issues a judgment or decision to resolve the case.

2. Time to resolve the case

The settlement of the case is regulated in Articles 191 to 220 of the 2015 Civil Procedure Code. Specifically:

- After receiving the petition, the Court will assign a Judge to review the petition within 03 working days.

- Within 05 days from the date of assignment, the Judge will make a decision to amend or supplement the petition; accept the case; transfer it to another unit or return the petition.

- After the petition is received and the judge finds that the case is within his jurisdiction, he will notify the petitioner to pay the advance court fee (if any). This person must pay within 07 working days from the date of receipt of the notice and submit the receipt to the Court.

- Within 03 days, the Judge shall notify about the acceptance of the case.

- Within 03 working days from the date of accepting the case, the Chief Justice of the Court shall decide to assign a Judge to resolve the case.

- Prepare for trial within 04 months. During this time, the Court will prepare the case file, collect evidence, mediate... If the case is complicated or there are force majeure circumstances or objective obstacles, the time limit can be extended but not more than 02 months.

- Within 01 month from the date of the decision to bring the case to trial, the Court will open a trial.

Thus, for cases without complicated circumstances, the settlement time may last for about 06 months; if there are complicated circumstances, it may last for about 08 months.