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LEGAL PROCEEDINGS - DEBT COLLECTION

How we work Legal Proceedings

Failure to recover a debt in the pre-court phase can be followed by judicial debt recovery. A special feature of our operative methodology is that of allowing the creditor to obtain advance information regarding the debtor's economic, patrimonial and financial circumstances through in-depth checks. This makes it possible to carry out an informed evaluation of the cost-effectiveness of any legal action for debt recovery.

1) If, following upon checks, it transpires that the debtor has a negative economic, financial and patrimonial situation, then Comas will communicate to the creditor either:

  • that judicial action for debt recovery would not be cost-effective;
  • for high-value credits, it may be worthwhile initiating judicial action for debt recovery albeit with a certain or probable negative outcome. This has the sole function of enabling the creditor to write-off unrecoverable bad debts relying upon a flexible application of the Court dues (this can also be achieved through credit assignment without recourse).

2) where, however, the debtor's economic, patrimonial and financial situation appears overall to be positive, Comas will recommend the initiation of judicial action for debt recovery.

The advantages of our operative methodology

Targeted Legal Action: designed to eliminate all the risks of a rash legal action . In substance, legal action by the “Comas method” is initiated solely and exclusively in safe cases, or rather, following upon through investigation, where there are valid grounds for considering the global economic-patrimonial situation of the debtor to be sufficient to extinguish his debt;

Advantageous Legal Tariff: Comas offers its clients the possibility of taking advantage of legal assistance at extremely competitive costs, thanks to the support and collaboration of our associated Legal firms,
guaranteeing likewise a high level of professionalism and competence both nationally and internationally;

Prior communication to the client of the costs of legal action: Comas communicates to the creditor, prior to the initiation of legal proceedings, a detailed breakdown of the costs which he will require to meet, together with an estimated indication as to the timescale of the procedure;

Debtor monitoring: Comas can keep the debtor's economic situation during the whole process under constant control nationally, in order to obtain information rapidly regarding the presence of adverse events/entries which may have a negative effect on the successful outcome of the procedure.

Through the coordination of the pre-court phase and that of judicial action through the courts, Comas offers the possibility of issuing proceedings only in targeted cases, or rather initiating court action exclusively in cases where there is a reasonable certainty of a positive outcome of the judicial procedure, at extremely advantageous costs and with the possibility of monitoring the debtor's situation constantly. This operative methodology seeks to compensate the creditor's financial outlay with realistic expectations of recovering the unpaid sum.


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