What to do in case of non-payment? | Legal aid centre

Questioner

I lent €35,000 to a friend/lover. Everything -such as 'repayment'- was neatly recorded in an agreement signed by her and me. She is angry and refuses to pay the agreed monthly payment. What is the usual approach in such a case? To a lawyer or to a bailiff or a collection agency?

Lawyer

You can put the girlfriend in default and summon her to make the repayment within a reasonable period, failing which you will take legal action against her. If she still refuses, you can go to court as a last resort. A debt collection procedure can also be started. For assistance or more information, please feel free to contact me directly.

Lawyer

There is a third alternative: you have a lawyer draw up an urgent but proper letter of formal notice in which the possible consequences of the failure to comply are also mentioned. I have experience in drawing up such letters and in most cases their receipt leads to a successful restart of the repayment obligations.

Lawyer

Since you have agreed that she will make a monthly repayment, she is in default now that she is failing to do so. You would be wise to send your girlfriend a written notice of default, by registered letter, and to summon her to resume the repayments. The agreement often states that if the borrower does not meet his payment obligations, the loan is immediately due and payable. You can then immediately reclaim the entire amount lent. Experience has shown that a letter from a lawyer/jurist makes a difference and that your girlfriend will then probably resume the repayments. I am happy to draw up such a letter for you, in which I will, if necessary, issue a notice of default and claim the outstanding repayments or the entire loan on your behalf. I collect claims in the extrajudicial phase on a no cure, no pay basis. Please feel free to contact me without obligation and free of charge if you have any questions or require legal assistance.

Lawyer

If the full amount of €35,000 is still outstanding and it would come to legal proceedings, you will usually need a lawyer. In the process that precedes that, you can hire a lawyer, bailiff or collection agency. Of course, it is advisable that you first try to get the repayments going yourself and document as much of this as evidence, but from the question I gather that that station has already been passed. I have good experience in collecting sums of money. I am not a lawyer myself, but I work closely with good lawyers who could handle your case excellently. By not using a lawyer in the amicable phase, you can save considerably on your costs. Feel free to contact me without obligation. If you go straight to a lawyer, beware of lawyers who offer to work on a no cure no pay basis, as this is prohibited for them.

Lawyer

It is not forbidden for a lawyer to work on a 'no cure, no pay' basis when it comes to pure collection of (monetary) claims. For the costs, it does not matter whether you hire me or a bailiff or collection agency. The advantage is that a lawyer can also take legal action immediately if payment is still not made after a reminder. Otherwise, the case must first be outsourced to a lawyer. That saves time and therefore money.