After a new solvency test and after consulting with your lawyer about the appropriate legal process, Modero will start the most efficient and cost-effective court-ordered enforcement process. Screening the customer remains necessary to ensure that every step in the legal process pays off. The idea is not to incur any legal costs if the customer is unable to pay them. Modero will inform you of any initiative taken.
Do you want to proceed with a writ of summons? Modero knows exactly how your writ of summons should be drafted, with the right and compelling message to ensure you have the most chance of success. We will calculate your claim precisely, incorporating interests and damages, and get the case put on the court’s cause list. Immediately afterwards we will inform you of the date of the hearing and the actions we expect you to take.
Do you already have a lawyer whom you would like us to work together with? Then we will discuss with your lawyer how to communicate in the best and easiest way.
SERVING AND ENFORCING A JUDGMENT, IMPOSING AN ATTACHMENT
Has the court ruled in your favour or do you have an enforcement order? Then Modero will enforce these immediately. Is your customer still not paying after having been served with the judgment or enforcement order? Then we will carry out the enforceable mandate. To do this, we have a set of effective means available:
Attachment of movable goods: we will carefully select the most valuable movable goods belonging to your customer’s assets and prepare them for a public auction. We will also closely follow up on how this public auction is conducted.
Attachment of immovable goods: does your customer have real estate that is eligible for attachment? Then we will talk to a notary to proceed with the sale as soon as possible.
Third-party attachment: often, the judgment allows us to impose an attachment on goods that belong to third parties, if they are a debtor of your customer. They are generally your customer’s bank or employer.
Modero will, up to the very last moment, continue to point out to your customer the possibility of a settlement, to avoid a public auction.