How does RAALC’s credit facility service work?

Legal problems are always a big inconvenience and are becoming more complex due to the use of technology, for the commercial transaction for instance, making the damaged party take into consideration many aspects that may lead them to giving up on the legal fight. Such aspects can be described as follows:

• The damaged party is not sure about the outcome of the case, and they have no guarantees of winning the case.
• The damaged party is stuck with the lawyers’ professional fees.
• The damaged party is not located in or at the opponent party’s origin.
• Etc

Throughout the experience that RAALC has had, we realized the value of creating a credit facility option for small-sized enterprises and big-sized enterprises. A credit facility is a type of loan agreed upon between two parties based on specific terms and conditions revolving around interest and term loans. This credit facility implies that the client will not pay the professional fees and the out-of-pocket expenses until the complete enforcement and collection of the claim. The out-of-pocket expenses correspond to the court fees, serving notices, expert fees, translation, execution or enforcement fees, registration fees, and other legal expenses.

The claims that can be eligible for this facility are resulted from one of the following:

• Breach of contract;
• Civil dispute;
• Commercial dispute;
• Construction dispute;
• Real estate dispute;
• Compensation as a consequence of insurance contracts or infringement of trademark;
• Corporate matters such as disputes between shareholders;
• Rental disputes between landlord and investors;

Our credit facility service combines professionals of financials and attorneys with significant experience in valuing the matter, analyzing it precisely target to the ratio of strength and weakness by conducting due diligence, screening the defendant’s profile, reputation, business record, etc.

When the credit facility gets approved, the claim will be passed to the competent department such as the Litigation Department, the Corporate Department, the Rental Dispute Department and so on, the advocate, attorney, senior associate, associate, and paralegal will be assigned to serve the client as follow:

• The consultant will report to the client with a detailed course of work;
• When necessary, the competent department will conduct the amicable settlement through calls, meetings, serving legal notices without prejudice to the client’s rights, reaching one of these settlements:
  • 100% debt recovery;
  • Discounted debt;
  • Debt payment by installments;
  • Reform the agreement with the favorable terms and conditions.

If the consultant estimates that the negotiations are ineffective, they will go across the legal solution/litigation in which the pleading department plays an essential role during the hearings, and the attorney, senior associate, associate, and para-legal carry out the lawsuit as follows;

• Direct, reply, report, and submit memos, declarations, evidence, documents, papers, requests, notices, and prosecution of counterfeiting;
• Serve the notice, keep the client updated with the case proceedings give constant follow-ups to the clients, and preparation of legal reports;
• Prepare the witness’ testimony;
• Challenge the other party’s argument;
• Attend before the experts and submit the response;
• Appeal and represent client before the Appeal Court and the Cassation Court.

Upon the judgment becomes binding and final, the Enforcement Department initiates the enforcement proceedings by conducting all assets investigations such as bonds, trade licenses, trademarks, vehicles, properties, bank deposits, etc., taking the precautionary and execution procedures. Further, by enforcement, the creditor is entitled to claim the debtor with the out-of-pocket expenses born during the litigation course besides the original debt and the interest percentage.

RAALC provides comprehensive options to its clients for a broad range of matters subject to different terms and conditions.

Published by Kate Yang Chen

Kate holds a degree in Bachelor of Business Management and Information Management and Information Systems from the Shanghai Maritime University in 2012. She then pursued and completed a Master of Arts in International Politics, Economics and Communications from Aoyama Gakuin University in 2016. Kate further pursued her love for law by completing the Graduate Diploma in Law in 2015 Kate is fluent in Chinese, English, and Japanese as she has taken a Japanese language course from the Fuji International Language Institute, Tokyo, Japan, in 2014.