Debt Recovery
Out-of-court demands and notices, negotiation with debtors, payment agreements, acknowledgement of debt, calculation of principal and interest and, where legally appropriate, payment orders, recovery actions and enforcement proceedings.
What is included
- Out-of-court demand to the debtor
- Formal notice to pay
- Negotiation with debtors
- Payment agreements and instalment plans
- Acknowledgement and confession of debt
- Calculation of principal, interest and costs
- Review of limitation periods
- Payment order proceedings
- Recovery action
- Enforcement and attachment
- Claims in insolvency and enforcement proceedings
- Follow-up through to payment
Every situation is assessed individually. These services are provided within the remit of a Trainee Lawyer, under the supervision of Dr. João Nogueira Marques, Lawyer.
What helps prepare for your consultation
- Contracts, invoices or debt acknowledgements you already hold showing the basis of the amount claimed.
- A summary of amounts, due dates and partial payments, with available supporting records.
- Correspondence with the debtor, settlement proposals and references for previous proceedings, if any.
- Proof that the goods were delivered or the service provided that gave rise to the amount claimed.
- The debtor’s identification and contact details as far as you have them, including whether it is an individual or a company.
- Information about guarantees, sureties or known assets that could bear on the decision to proceed.
What we review with you
We organise the origin and history of the debt, separating principal, payments received and other amounts to check. We review the available evidence and timing issues before assessing a formal demand or negotiation. Where appropriate, we consider the feasibility of payment order, recovery or enforcement proceedings. We separate a dispute about the amount from a straightforward non-payment, because the route and the evidence required differ. We also weigh the amount at stake against the effort of recovery, so the decision to proceed is an informed one.
Official information
Common questions before a consultation
Where does the assessment of a debt begin?
With the origin of the amount: which contract, invoice or acknowledgement supports it, and what evidence exists that the goods were delivered or the service provided. Without that basis any later step is fragile, which is why we organise it before discussing recovery routes.
The debtor disputes the amount. Does that change anything?
It changes the route and the evidence required. A dispute about the sum is not the same as a straightforward non-payment: the first calls for documenting how the amount arose, the second mainly for showing that the obligation exists and was not met.
Is it worth pursuing a small amount?
That decision should be an informed one, so we weigh the amount at stake against the effort of recovery. We explain the available routes and what each requires in time, documents and involvement, so you can decide with that picture in front of you.
I have already sent messages asking for payment. Does that help?
It helps, and those communications should be kept with their dates. They show the demands made and the replies received, including any acknowledgement or settlement proposal from the debtor, which are relevant elements in the assessment.
What do I need to know about the debtor?
The identification and contact details you have, and whether it is an individual or a company, because the appropriate route differs. Information about guarantees, sureties or known assets is also relevant to weighing whether and how to proceed.
Is a payment agreement preferable to proceedings?
It depends on the case, and that is exactly what the assessment weighs. An agreement can be quicker and more predictable; proceedings may be necessary where there is no willingness to settle. We assess both with the available material, without guaranteeing the result of either.
A long time has passed since the due date. Can it still be assessed?
It can, and the time elapsed then becomes one of the central points to check. That is why we ask for the due dates, partial payments and correspondence exchanged: this timeline is what makes the position assessable.
Can the consultation be held remotely?
Yes. Appointments are held by video call or telephone, in Portuguese, English or Spanish, with documents sent in advance. In-person consultations in Porto remain available for anyone who prefers to deal with the matter face to face.
Editorial responsibility: Carvalhos Advocacia. General information; confirm the current position for your case before acting.