Saturday, October 5, 2013

Advice On The On The Procedure Used In Oil And Gas Debt Collection

Debt collection must be done in a given way as required by the law. Special agencies are normally used in recovering oil and gas debt collection. The agency is contacted by the creditors so that they recover the debt from the debtors on behalf of the creditors. It is worth noting that the agency normally recovers their fees for conducting the job after the debt is paid back.

The first step is the initial notice. Once the period for paying the debt is overdue, the creditor will notify the agency to assist in the collection. The first thing the agency will do is to notify the debtors that the debt they owe to the creditor is overdue and they should pay immediately, failure to which, a legal action will be instituted against them.

If the time given by the agency passes and the debtor fails to respond, then the agency will sue him or her. An attorney is then contacted by the agency to proceed to court. The work of the attorney is to represent the agency in the court proceedings and the legal drafting involved. It is advisable that the agency sues the debtor in the courts were the debtor resides in. This will give the court the jurisdiction to handle the matter and to make a decision.

The court is also to undertake to notify the debtor that he or she has been sued. The court does this after the agency have sued and filed the proceedings against the debtor. The court will require the debtor to appear in court on a specific date when they can meet with the agency and proceed with the hearing of the case.

After the institution of the case, the court will also notify the debtor on the existence of the case instituted against him or her. The notification from the court will indicate a specific date when both the debtor and the agency are required to make appearance. During the appearance, the agency will be seeking to prove to the court that the debt is overdue while the debtor will be seeking to be given more time to negotiate on the way to pay the creditor.

The court is also required to inform the debtor to enter appearance in court. They will be informed of the day to come to court and defend themselves. The debtor should give reasons why he or she should be given more time to pay for the debt. On the other hand, the agency will be seeking to be allowed to recover the dues immediately without any further delays.

After the judgment has been made and the debtor still fails to make payment, the agency will seek the intervention of the court. The intervention will come by way of execution order. The order will enable the agency to recover the dues from the seized account and buildings of the debtor.

The debtor is then required to comply with the decision on the court failure to which, the agency will seek for execution order. The execution order will described the means the agency will use in recovering the dues. Some of the means may include freezing the accounts of the debtors, freezing all the properties belonging to the debtor, contacting his or her creditors to recover the dues from them and also involving auctioneers to auction their properties. These are some of the ways used by agencies in oil and gas debt collection.

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