What are the steps in filing a lawsuit to collect debt? | iGuide

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How many steps are there in the debt collection process?

This article provides detailed instructions on the debt collection lawsuit process, including specific steps that the plaintiff must follow according to Vietnamese law. It helps people and organizations understand each step in the litigation process, from preparing documents to submitting applications and attending court, ensuring that their rights are protected legally and effectively.

Step 1: Contact the borrower to verify information

Before filing a lawsuit, you will need to verify the debtor's residence information, the debtor's financial capacity, the debtor's opinion on your debt repayment request,...

Step 2: Submit a debt collection petition and evidence to the Court

Prepare enough documents to file a lawsuit, you need to quickly file a lawsuit with the Court. After receiving the lawsuit documents, the Court:

If the case falls under the category of returning the petition as prescribed in the Civil Procedure Code, the Court shall return the petition and accompanying documents and evidence to the petitioner.
If the case does not fall under the case of returning the petition but the petition is not in the prescribed form or does not have all the prescribed contents, the Court shall notify the petitioner to amend or supplement within the prescribed time limit.
If the case meets the conditions for filing a lawsuit and the lawsuit petition has been completed in accordance with regulations, the Court shall allow the plaintiff to pay the advance court fees within 15 days from the date of receipt of the notice.

Step 3: Mediation, access to evidence and debate in Court

The court will notify the parties of the steps, procedures and documents to be submitted during the debt collection process. The time limit for debt dispute resolution is usually as follows:

The time limit for conciliation and trial preparation is 2-3 months from the date of case acceptance.
Time limit for opening a trial: Within a maximum period of 02 months from the date of bringing the case to trial.
Time limit for adjournment of court session: no more than 30 days from the date of decision to adjourn the court session.

Thus, based on the provisions on the time limit for settlement of the Court, you need to provide appropriate grounds to avoid the case of the borrower delaying the date of the trial. In addition, you should make a request to organize the trial early and make a power of attorney, request to be absent if you cannot come to the Court on the day of the summons so that the Court can consider and resolve it quickly.

4. Step 4: Request the enforcement agency to enforce the Court's judgment to recover the debt.