SKILLS OF A GOOD COMERCIAL DEBT COLLECTION LAWYERS

1. Legal service of lawyers in debt collection under the laws

In the context that debt collection service business has been listed in the prohibited business line under Article 6.1.h of Law on Enterprise 2020. Meanwhile, the business activities of individuals and enterprises always arise overdue debts. Hence, the individuals, enterprises have to conduct the debt collection activities in accordance with the regulation of the laws.

Pursuant to Article 22.2 of Law on Lawyers 2006, as amended and supplemented in 2012, lawyers shall (i) participate in legal proceedings, (ii) provide of legal consultancy, (iii) represent of clients beyond legal proceedings, (iv) other legal services. When lawyers participate in supporting clients for debt collection, they shall conclude the legal service agreement. Accordingly, the clients shall authorize the lawyers to participate in representation in debt collection negotiation phase, participate in mediation at the Arbitration Center or initiate lawsuits against the debtors at the Arbitration Center or the Competent Court.

2. Skills of lawyers in debt collection for clients

In order to effectively implement debt collection for clients through the phases from negotiation to settlement of debt collection cases at competent state agencies, debt collection lawyers need to possess good knowledge expertise as well as flexible soft skills.

First, the debt collection lawyers need to have skills in researching, verifying and evaluating clients’ supporting documents on debts. When researching documents, the lawyers have to identify a number of the following legal issues:

(i) Verification of the legality of the debt based on documents, papers, debt instruments provided by clients relating to the debt, e.g.: how much are the debts, how long has the debt been overdue? Have the debtors confirmed the debt?

(ii) Review the debtors’ information to know about the status of activities and the debtors’ ability to pay for the debt, e.g.: Have the debtors still worked or ceased operation? Have they moved their office or dissolved or gone bankrupt? Some useful information channels/pages for finding information of debtors such as national business registration portal: https://dangkykinhdoanh.gov.vn/vn/Pages/Trangchu.aspx, page of Directorate of Tax - Ministry of Finance: http://tracuunnt.gdt.gov.vn/tcnnt/mstdn.jsp or search through Google, social media Facebook, zalo, Linkedln…

Second, the debt collection lawyers need to have flexible communication skills. When contacting by the phone or meeting face-to-face with the debtors for debt requirement, the lawyers need to be soft and flexible depending on the situation to behave appropriately. As persons who understand the laws and help parties to collect debts by lawful manners, the lawyers’ communication with the debtors must also be professional, polite but effective. Especially, with a high awareness of the negotiation phase, if the negotiation step is successful, the lawyers can save costs and time for the clients and at the same time achieve the goal of successful debt recovery quickly, the lawyers must be the delicate person in communication from exchanging information about the reason for the overdue debt as well as finding a specific payment schedule of the debtors for the clients. Please note that, the lawyers must not use threatening, bossy and rude words with the debtors.

Third, the debt collection lawyers need to have skills in writing emails, documents professionally and convincingly. The lawyers get the debtors’ email address by exchanging through the phone or meeting face to face with the clients or the provision of clients. Taking advantage of using email is fast and convenient in tracking and requesting repayment, the lawyers need to write emails with clear, focused and concise writing style but express the requirements of lawyers and clients in expecting the debtors to repay the debt.

In combination with sending email, in order to increase the formal and important of requesting for payment of debt, the lawyers should prepare and send the official letter to require the debtors repaying debt for clients, in which the content of the letter shall include (i) introduce the lawyer as a person appointed by the clients, (ii) summary of facts; (iii) requirements of clients and lawyers on repaying debt and (iv) legal consequences if the debtors fail to pay the debt, the clients can initiate a lawsuit or take other measures as prescribed by laws.

Fourth, the debt collection lawyers need to have skills in preparing lawsuit documents and litigation if the cases need to be resolved at the competent Court or Arbitration. Not all debt collection cases succeed rightly from the negotiation phase, there are many cases for various reasons such as the debtor's insolvency, the debtor's desire to appropriate capital or the debtor's conflict with the creditor that cannot be mediated. At that time, the lawyers must prepare a lawsuit file or request to open bankruptcy proceedings against the debtors. Once the case has to be brought to the competent authority for settlement, the lawyers must be sure of the steps and procedures as well as the ability to argue to protect the rights and interests of the clients at each stage of the proceedings.

Skills of lawyers play an essential role in supporting clients to collect debts. The lawyers with good expertise and proficient, professional skills shall help the debts to be collected quickly, fully and at a low cost for the clients as well as help the parties to maintain the cooperation and business relationship as before.

BANKRUPTCY LAW 2014 LEGAL GROUNDS FOR DEBT COLLECTION

UNDERSTANDING THE DEBT PURCHASE AND SALE BETWEEN CREDIT INSTITUTIONS

SOME LEGAL TIPS DURING THE EFFICIENT RECOVERY OF BAD DEBTS IN VIETNAM

LEGAL UPDATES VOL 59, JUNE 2023

LEGAL UPDATES VOL 58, MAY 2023

LEGAL NEWSLETTER APRIL 2023

LEGAL UPDATES VOL 56, MARCH 2023

LEGAL UPDATES VOL 50, SEPTEMBER 2022

LEGAL UPDATES VOL 49, SEPTEMBER 2022

LEGAL UPDATE VOL 46, JULY 2022

LEGAL NEWSLETTER JULY , 2022

LEGAL UPDATE VOL 43, JUNE 2022

ADK VIETNAM LAWYERS– BEIJING YINGHE (SANYA) LAW FIRM: STRATEGIC PARTNERSHIP

LEGAL UPDATES VOL 40, MAY 2022

A NUMBER OF NEW NOTABLE CONTENTS OF DECREE NO. 02/2022/ND-CP ON ELABORATION OF CERTAIN ARTICLES OF THE LAW ON REAL ESTATE TRADING

LEGAL UPDATES VOL 36, FEBRUARY 2022

LEGAL UPDATES VOL 33, JANUARY 2022

LEGAL UPDATES VOL 32, JANUARY 2022

CONDITIONS FOR PERSONAL INCOME TAX EXEMPTION FROM TRANSFER OF RESIDENTIAL HOUSES BY INDIVIDUALS WHO POSSESS ONLY ONE RESIDENTIAL HOUSE OR LAND PLOT

ARE THE EMPLOYEE’S RIGHTS GUARANTEED WHEN THE LABOR CONTRACT IS INVALID?

LEGAL UPDATES VOL 29, DECEMBER 2021

LEGAL NEWS LETTER NOVEMBER, 2021

LEGAL UPDATES VOL 28, DECEMBER 2021

HAS THE VOICE OF MINORITY SHAREHOLDERS BEEN MORE HEARD?

SOLAR TALK WEBINAR – ADK & CO VIETNAM LAWYERS LAW FIRM MORDERATES THE PANEL DISCUSSION

FOREIGN LOANS ARE NOT GUARANTEED BY THE GOVERNMENT AND SOME NOTABLE POINTS

EMPLOYEE STOCK OWNERSHIP – HOW MANY IS GOOD?

WHY DOES YOUR COMPANY NEED AN “OUTSIDE” REGULAR RETAINER LAW FIRM FOR COUNSELLING LEGAL COMPLIANCE MATTERS?

EFFORTS TO APPROACH NEW CUSTOMERS OR "SCRAMBLE" CUSTOMERS?

LEGAL UPDATES VOL 16, SEPTEMBER 2021

THE STORY OF TRADEMARK VALUE FOR ENTERPRISE

AGREEMENT TO CONVERT THE LOANS INTO A CAPITAL CONTRIBUTION – ISSUES THAT NEED NOTES

HOW TO FIND A PRESTIGIOUS LAW COMPANY FOR LAW CONSULTING?

TRANSFER OF WIND POWER PROJECTS TO FOREIGN BUSINESSES

ADK & CO VIETNAM LAWYERS LAW FIRM – A PROMINENT MEMBER OF LEXUB

ELECTRONIC LABOR CONTRACT AND RELATED LEGAL ISSUES

CAN A FOREIGN TRADER OR ORGANIZATION OWN A WEBSITE IN VIETNAM WITH A VIETNAMESE NATIONAL DOMAIN NAME?

THREE “MISERABLE” SCENARIOS OF ENTERPRISES AND THEIR EMPLOYEES

ADK VIETNAM LAWYERS – KORCHINA TNC LIMITED STRATEGIC COOPERATION, REACHING THE WORLD

ANTICIPATORY BREACH OF CONTRACT: CAN PARTIES HAVE RIGHT TO LEGALLY TERMINATE THE CONTRACT?

REGISTRATION PROCEDURES FOR SALE OF ALCOHOL FOR ON-PREMISES CONSUMPTION AT RESTAURANTS/BARS

DISSOLUTION DOES NOT MEAN RELEASE OF LEGAL RESPONSIBILITY

SHORT-TERM FOREIGN LOANS FOR PAYING SALARY – SOME ISSUES SHOULD BE NOTED

COPYRIGHT OF FOREIGN MUSIC SONGS WITH VIETNAMESE LYRICS

LEGAL NOTABLE POINTS RELATING TO THE ESTABLISHMENT OF A FOREIGN-INVESTED EDUCATIONAL ORGANIZATION IN VIETNAM

ENTERPRISE’S RESPONSIBILITY IN PERSONAL DATA PROTECTION

VACATION OWNERSHIP – CAN IT BE BOUGHT AND RETURNED?

EFFECT OF MAC CLAUSE ON M&A TRANSACTION IN COVID 19 PANDEMIC PERIOD

THE INATTENTION OF PROTECTING REGISTRATION OF INTELLECTUAL PROPERTY, FOREIGN TRADEMARKS TO BE IN TROUBLES IN VIETNAM

WHAT LEGAL ACTIONS SHOULD ENTERPRISES TAKE IF MISINFORMATION IS POSTED ON FACEBOOK?

PROCEDURES AND LEGAL NOTES WHEN CUSTOMERS WANT TO BUY OFF THE PLAN HOUSE IN VIET NAM

ADK & CO en, ADK & CO Lawfirm, ADK & Co Vietnam, ADK & Co Vietnam Law Firm, ADK Vietnam, ADK, ADK law, ADK Lawyers, ADK Lawfirm