Enforcement debt collection is a stage carried out after a court judgment/decision or an arbitral award has become legally effective, but the Debtor still fails or refuses to voluntarily pay the debt to the Client. At this stage, the competent enforcement authority will apply enforcement and compulsory measures in accordance with the law to compel the judgment debtor to fully perform the payment obligations and other financial obligations as determined in the effective judgment, decision, or arbitral award.
With a team of experienced lawyers and legal specialists who possess thorough knowledge of legal regulations, procedures, and practical handling of cases at civil judgment enforcement authorities, TNTP will represent the Client in closely working with enforcement officers and civil judgment enforcement authorities to recover debts effectively and to ensure the Client’s legitimate rights and interests are maximized during the enforcement stage.
The scope of work of TNTP for enforcement debt collection services will include:
– Collecting and reviewing documents provided by the Client to prepare a complete dossier for submission to the competent Civil Judgment Enforcement Authority (“CJEA”);
– Drafting and filing an application with the CJEA to request enforcement of the legally effective court judgment/decision or arbitral award;
– Participate in working sessions with the CJEA, including but not limited to valuation or distraint sessions of the Debtor’s assets;
– Explain to the CJEA matters related to the request for judgment enforcement and/or supplement of documents at the request of the CJEA;
– Liaise and work with the CJEA to resolve all issues arising from the judgment enforcement process;
– Request the CJEA to apply coercive measures such as freezing assets, distraint, auction of assets of the Debtor, and imposing a travel ban on the Debtor who is an individual or the Debtor’s legal representative to recover the Debt effectively (if any); and
– Representing the Client in receiving part or all of the recovered debt from the Debtor or requesting the CJEA to transfer the recovered amount to the Client’s bank account in Vietnam.
