STAGES OF THE COMMERCIAL CLAIM

I-CONCEPT

There are two ways in which companies can claim :

-a-The Extrajudicial Way.

-b-And the Judicial Route.

-w-Which in turn encompass different options.

II-PRIOR TO CLAIM-CERTIFIED LETTER OR NOTARIAL REQUIREMENT

By sending a debt claim letter, the deadline is restarted to avoid the prescription of a debt. Once sent to the correct recipient, the prescription is interrupted and the corresponding period begins again.

III-MEDIATION

-1-General.

Mediation-It is an alternative way to resolve conflicts between companies, without having to go to court or arbitration.

In mediation there is no third party who resolves the conflict; as a judge or an arbitrator does; Rather, the mediator, who is a neutral professional, tries to bring both parties closer together and reach an agreement.

-2-Difference between mediation and arbitration.

Is the next :

-a-The Mediator-Is limited to bringing their positions closer, favoring an agreement that rests exclusively on the will of the contenders.

-b-The Arbitrator-Resolves the lawsuit or litigation through a decision that forces the parties to go through it.

-3-Notary mediation.

Notarial mediation-It is an alternative for conflict resolution in which a Notary participates who performs the functions of Mediator and Conciliator, in order to facilitate communication between the parties in conflict and thus reach agreements that satisfy the claims and/or real needs of those who participate.

IV-ARBITRATION

The Arbitrator-Resolves the lawsuit or litigation through a decision that forces the parties to go through it.

The arbitration agreement, which may take the form of a clause incorporated into a contract or an independent agreement, must express the willingness of the parties to submit to arbitration all or some of the controversies that have arisen or may arise with respect to a specific legal relationship, contractual or non-contractual.

One of its main advantages is specialization, allowing each dispute to be resolved by the most suitable arbitrator due to his or her capacity, qualifications and experience.

V-JUDICIAL SUIT FOR QUANTITY CLAIM

A civil claim is any action taken before the courts with the aim of demanding payment of a debt. This debt may have its origin in the failure to comply with any payment obligation.

It usually refers to liquid, due and payable debts.

When resorting to a claim for a civil amount, it must be taken into account that this will have costs. By having to go to court, those interested in collecting the debt could be forced to hire a lawyer. Furthermore, in order to collect the debt through judicial means, at least you will have to wait for the processing of the corresponding judicial procedure to be resolved.

However, claiming a civil amount is the only way to guarantee the collection of debts. Thus, although in general it is preferable to resolve the issue out of court, if the debtor refuses to pay his debt the Judge will be the only one who can force him to do so.

Therefore, before initiating the claim for a civil amount, is important :

-a-Gather the documentation that proves the debt-When initiating an action to claim a civil amount, it will be necessary to demonstrate before the courts that the debt exists, that it has the value claimed and that it is payable.

-b-Check that the debtor has the assets to satisfy the debt-After a successful civil claim claim, a judgment will be obtained that will condemn the debtor to pay his debt.