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The Benefits of Instructing a Portuguese Debt Collection Lawyer
If you have debts owed to you from a debtor in Portugal, there are various regulations and laws you must adhere to in order to ensure you remain compliant when seeking to receive the outstanding payment. To achieve this, it is advised that you instruct Giambrone and Partners’ Portuguese debt collection lawyers to navigate the complexities of Portuguese law, and to help you retrieve your outstanding money as soon as possible. Regardless of whether you are attempting to recover a personal or commercial debt, we can assist.
In this guide, we will explore whether or not an outstanding debt arising in the UK can be enforced and collected in Portugal. We will also discuss the various advantages of instructing experienced lawyers based in Portugal, such as our debt collection experts at Giambrone and Partners.
Click on the links below to jump to that section:
Discover whether a UK creditor can pursue an unpaid debt in Portugal
Collecting a debt from overseas can be a challenging prospect, so seeking legal advice could be in your best interest
Here are the considerations when choosing a Portuguese debt collection lawyer
Discover more about the benefits of instructing a Portuguese debt collection lawyer
How we can assist
Can a UK Debt be Enforced in Portugal?
Under EU law, judgements made in an EU member state automatically become recognised in other EU countries. However, because the UK is no longer part of the European Union, there are different processes to follow to get your debt recognised in both the UK and Portugal.
Enforcing a UK debt in Portugal involves a legal process, as it requires recognition and enforcement of the foreign judgment in Portuguese courts. The procedure for enforcing foreign judgments in Portugal is governed by the European Enforcement Order Regulation (Regulation (EC) No 805/2004) or the Lugano Convention, depending on the circumstances.
Under these regulations, if the UK debt meets certain criteria, such as being final and enforceable in the UK, it can potentially be enforced in Portugal. However, the specific process and requirements can vary depending on the nature of the debt, whether it's a court judgment, arbitral award, or another form of debt. Either way, you should seek legal advice before pursuing your claim.
Can I Deal with Debt Collection Without Instructing a Lawyer in Portugal?
Although it is possible to retrieve debts on your own, it is not advisable. Legally, retrieving debts from Portugal is a complex process that has many regulations and laws to adhere to. Failure to do so could see you lose your case, and you won’t be able to retrieve your debts. There are many risks of legal missteps when attempting to retrieve debts on your own, which could lead to emotional stress and confusion.
There is also a language barrier when attempting to retrieve debts from Portugal. Communication barriers can arise when dealing with debtors who speak a different language. Without proficiency in Portuguese, misunderstandings may occur, and crucial details may be lost in translation, potentially weakening your position in negotiations or legal proceedings.
Pursuing debt collection can be time-consuming and resource-intensive, particularly if legal action becomes necessary. To avoid this issue, you should seek help from proficient Portuguese debt collection lawyers.
What Should I Consider When Selecting a Debt Collection Lawyer in Portugal?
Choosing the best debt collection lawyer for you is an important decision; you need legal experts who have years of experience in Portuguese debt collection, with a high success rate. To help you decide, a certain criterion should be taken into account:
Expertise and Experience: Select a lawyer or law firm with expertise and experience in debt collection and commercial law. Establish their track record in handling debt collection cases, especially those that reflect your matter regarding the nature of the debt, the industry involved and any international aspects.
An International Lawyer: If you're dealing with an international debt, a lawyer who has expertise in international law or cross-border transactions and familiarity with relevant treaties, conventions, and regulations governing debt collection across borders, ensuring compliance with legal requirements. Giambrone and Partners have Portuguese Avogados (lawyers) based in the UK, as well as an office in Porto with knowledge and experience in Portuguese debt collection.
Communication and Accessibility: Ensure that your lawyer is accessible and communicative, providing clear and timely updates on the progress of your case. Effective communication is essential for building trust and maintaining transparency throughout the debt collection process.
Services: Our debt collection lawyers will represent you and draft letters before action, instruct tracing agents, issue proceedings and enforce debts. You can find out more about our debt collection services here.
What are the Advantages of Instructing a Portuguese Debt Collection Lawyer?
Portuguese debt collection lawyers have in-depth knowledge of local laws, regulations, and procedures related to debt collection. They understand Portuguese commercial law and can navigate the legal landscape effectively on your behalf. Our debt collection lawyers have experience in dealing with various types of debts, creditors, and debtors. They are familiar with common debt collection tactics and know how to approach different situations to maximise the chances of recovery. They understand the complexities of cross-border transactions and are well-versed in international law and treaties governing debt collection, making them invaluable allies. Hiring a debt collection lawyer can expedite the debt recovery process and litigation, saving you time and resources. They have the skills and experience to pursue debtors assertively while adhering to legal guidelines, increasing the likelihood of a prompt resolution.
How Giambrone and Partners Can Help
Our debt collection lawyers at Giambrone and Partners are well versed in Portuguese debt collection law and can communicate with the debtor and their representatives and other authorities on your behalf, implementing effective dispute resolution. By entrusting your debt collection matter to our qualified professionals, you can have peace of mind knowing that your case is in capable hands. You can focus on other aspects of your business confident that your lawyer is working to recover the debt owed to you.
To find out more, or to book a consultation, get in touch with our debt collection lawyers today.