How to pay Commercial Lawsuit: Duration, What it is and MORE

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How to pay Mercantile Claim, it is usually a recurring unknown in various users. For this reason, it is important to be aware of certain aspects at the time when this situation may arise.

That is why, in this article we are dedicated to developing: how to pay commercial demand, what happens if the demand is not canceled, the meaning of commercial demand, the time of it, and we conclude by clarifying if there is a maximum amount for the demand.

Welcome! In the following article you will know How to pay Commercial Demand.

How to pay Mercantile Demand?

It is common knowledge that, to pay for any type of service, there are different methods that can facilitate the process. Therefore, we will explain the various ways in which every user can pay a commercial claim..

However, it is important to emphasize one aspect in particular. And, the idea when applying for a loan is to verify and make sure that you can pay it in a certain period of time.

Although, unfortunately for many people, carrying out the payment of a loan is not possible. Either due to an unexpected emergency situation where the money destined to pay the loan had to be used.

It is precisely for this reason that the lender places default interest on those who cannot pay the loan on time. However, they are usually much higher than the normal interest.

Tips for not having a Commercial Lawsuit

  • First of all, it is recommended that every client apply for a loan in an emergency. It is not advisable to make a request of this type to satisfy minor needs.
  • Also, we advise saving whenever possible, either to pay debts or face emergency situations.
  • It is essential that the user does not try to pay the debt before the date in case of not being able to. Keep in mind that failure to pay your debt can result in extremely high fees and penalties.
  • But, we also do not recommend paying the loan after the date. This is because the longer it takes to make the payment, the higher the interest rates.
  • Do not apply for a loan to make the payment of another. The detail in this is that the client can enter a vicious circle and in the end will end up with seized assets and a commercial lawsuit.
  • Apply for loans in spaces that are reliable and safe.
  • And, our seventh and final piece of advice is, always read the fine print of loan agreements. Sometimes commissions or interests are hidden that make them higher and higher.

What happens if I don’t pay a Commercial Claim?

Well, if the defendant cannot make the payment of a commercial claim, he runs the risk that the financial institution make a judicial notification and later go to trial. In addition, there may be a shipment of your goods in case you cannot make the payment established at the end of the trial.

However, one aspect to bear in mind is that, many times, the financial entities that carry out loans, choose as the first option to negotiate the payment of the debt. This is because lawsuits are quite expensive and there is no guarantee that you will be able to get your money back.

What is a Commercial Lawsuit?

A lawsuit or commercial lawsuit is a legal action, where the creditor claims his right to obtain the money that was created through a debt with a third party. Briefly, it is a demand that is made when it has not been paid with the borrowed money.

Likewise, the financial institution and lender, has a series of elements to prove that the defendant has a debt with the same. Being some of these elements: account statements, loan opening contract.

How is a Commercial Lawsuit notified?

The step to start this rigorous procedure is called: Judicial notice. This notification is a right that the defendant has so that he can have access to a fair defense at the time of the trial.

Now, it is important to mention that this notification must be made by an executor. No one else has the authority to do so. In addition, said executor must be identified as the judge’s envoy. At the time of receiving the notification, the following cases may occur:

  • The defendant has the money from the lawsuit.
  • The defendant does not have enough money to pay the debt that motivates the lawsuit.
  • He’s not home.
  • Or, one of the last situations that can arise is that the defendant no longer lives at that address.

Time of a Mercantile Demand

Well, the duration of a commercial claim depends exclusively on the judge in charge and the evidence presented by both parties, that is, those presented by the defendant and the entity.

However, for some time, it has been tried to make these times shorter. This, to expedite justice, so that, in a nutshell and under normal circumstances, this trial lasts approximately seven days.

Now, the place where the commercial judgment is carried out also depends on some variables. However, 90% of them have been held in Mexico City and the rest in Monterrey – Nuevo León.

Most of these events take place in the capital since almost all loan contracts have an included clause subject to the jurisdiction and competence of the courts of Mexico, Federal District.

What types of convictions are there?

At the beginning, it is essential to mention that the Supreme Court of Justice of the Nation made a jurisprudence in 1998, where it determined that the convicted only applies to those who are completely and not partially.

In the event of a total conviction, the convicted person must not only pay the debt, but the costs of the trial are included. However, it is very rare when these situations arise.

Now, the partial sentence is when the defendant must pay obligatorily only a part of the debt or, failing that, the interest on it can also decrease. Added to this, many times the extreme of judgment is not reached.

For this reason, at the beginning of this article, we emphasized that most financial institutions choose to negotiate before reaching this point. This is due to two particular reasons, which are:

  • First, the cost of a commercial lawsuit is quite high. So negotiating is always the first option.
  • And, many times, these entities are not sure that they will be able to recover the money invested.

How many assets can be seized?

A garnishment is a court order that can only be authorized by a judge in the event of a commercial lawsuit against a debtor. The seizure is a retention of assets and a measure practiced as a precaution for the payment of debts.

  • A garnishment can only be made by the executor or clerk at the time of notifying the debtor.
  • There is no other person with legal authority to carry out such action.
  • Likewise, a lien has a legal limit. This is three times more than the defendant’s amount.
  • Example: if you have a debt of $ 40,000 pesos, the maximum to be garnished by law is $ 120,000 pesos.
  • The defendant has the possibility of requesting that the assets to be seized remain under his protection.
  • This means that he himself is the one who deposits those assets that they seize.
  • In this way, the actuary will only carry out an inventory of all those assets that can be seized.
  • Now, the seizure can only be executed on those assets that the defendant has or those of his guarantor.
  • It is important to emphasize that the same cannot be done on anyone else.
  • But, if it cannot be proven that said assets do not belong to the defendant, they can be recovered through legal channels.
  • However, there is a number of assets that cannot be seized under any circumstances, these are:
  1. Daily bed.
  2. Furniture or clothes of ordinary use that are part of the debtor, his partner or children and are not considered luxuries.
  3. Earned salary.

Is there a maximum amount for the Claim?

Well, to clarify this point, we should confirm that there is no minimum or maximum quantity by which financial institutions can make a commercial claim. The amount to be sued will be that of the debt.

In addition, financial entities often seek that the defendant carry out the payment of the expenses generated by the lawsuit, although, very few or very few times this request is granted.

If you want to know exactly the amount for which you can make the claim, the best option is to get a special report from the Credit Bureau or the Credit Circle.

Having either of these two documents, the defendant will be able to know the amount of money he owes, in addition to the maximum amount for which he can be sued. It is important to mention that, they can never make a demand for more money.

To end our writing, we invite you to help us share the information.

See you soon!

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