Business Litigation in Latin America: An Overview

The judicial process to collect debts in the United States is relatively simple and little difference in general civil cases. After establishing the authenticity of the debt, is presented in the appropriate court, if an individual where the debtor resides. If the debt is owed by a corporation, the application is filed where the corporation has its headquarters or forward trading. In cases where the debt is for an amount less than $ 5,000.00 (U.S.), the court imposed a date for pretrial conference. This conference which presents both sides, gives you an opportunity to the judge to establish the legal basis of claim and explore the possibilities of reaching an agreement without further litigation. In these cases, small claim, the process usually takes no more than ninety (90) days.
In situations where the amount in dispute exceeds $ 5,000.00 (U.S.), the process requires a written response to the initial request. This response must be filed no later than twenty (20) days from the date of initial demand service. After presenting the demand and response, you begin the process of legal discovery. The purpose of this process is to clarify the legal position of both parties before going to trial. During this stage of the proceedings are conducted depositions (legal claims) in which verbally detailed the circumstances that create the dispute. It is common for this discovery process is delayed until a year before the case is fertile for trial.
After obtaining the court decision begins financial investigation of the assets, property, bank accounts, etc. that belong to the debtor. This research and this stage of the proceedings is perhaps the most important and complex. Requires a thorough survey of the Debtor Corporation or individual against whom the verdict was obtained.
In the United States this process may be delayed in some extreme cases even years. The verdict in the state of Florida, for example, has a life of 20 years from the date obtained until the statute of limitations expires under which they can execute on that decision. In most collection cases, the dispute is settled before filing the lawsuit (the lawsuit). In another small percentage of cases, we reach an agreement in mediation, arbitration or commitment of both parties. Very few cases brought to trial in this type of litigation.

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