Legal Action (Litigation)
If negotiations fails or does not result in immediate recovery or a reasonable payment plan, our recommendation to you will be a litigation subject to your consent.
Upon receipt of the instructions for litigation, we don’t delay in initiating litigation, having regard to the best available legal option like Law-Suit, Winding up petitions etc.
Once in litigation, we routinely utilize pre-judgment remedies to gain leverage. Over the Defendant-Debtor applications for provisional remedies, such as writs of attachment or possessions or motions for the appointment of a receiver are often prepared, filed & served simultaneously with the summons and complaints. With our experience we have found that the judicious use of these remedies not only exults sufficient pressure on Debtors to resolve these matters quickly, it also forces the early disclosure of any substantive defenses as economically as possible.
AEREN is an Attorney based debt recovery practice group, therefore we do not depend much on the outsider’s attorney to handle the litigation aspect of the recovery cycle. Our inhouse legal capabilities and expertise ensures enhanced legal efficiencies, cost effectiveness and timely delivery with greater success. We offer specialized legal recovery programs to our clients In terms of legal costs, transparency is our watch word. Costs are only incurred on the express authority of our clients and realistic assessments of costs are always provided. Before our clients reach the decision to instruct us to issue proceedings, they would have been briefed on the details of the case and likelihood of recovery.
- Tele-Conference with the client to understand the whole issue.
- One last attempt for amicable settlement in a strong and persuasive tenor, personally or telephonically.
- Drafting and serving formal legal notice, if needed.
- Decision on type of litigation such as Law suits, winding up petitions, Criminal complaint under Section 138 of Negotiable Instruments Act (Dishonor of Cheques), FIR and other criminal actions etc.
- Preparation of petition, lawsuits or criminal complaints etc.
- Seeking approval of draft from the client.
- Filing & representing the appropriate civil &/or criminal proceedings against the debtor, as the case may be.
- Pursuing the litigation & obtaining the orders from the appropriate judicial courts or quasi judicial authorities.