Question:

I have mutiple disputes to resolve at the moment. Specifically, 02 (two) disputes arising from the purchase and sale of goods between me and the buyers. The value of the first dispute is 172,622,455 VND while the second is 79,149,200 VND. I would like to reclaim those debts as soon as possible. Can you provides legal services regarding this matter and what is the scope of work and timing to solve the case? Thank you very much.

Response:

SB Law thank you for your interest in our legal consulting services. Regarding your questions, we would like to advise as follows:

Scope of work:

Following works are proposed based on the request of Client. However, depending on the specific position/situation of Client, several work items may not be necessary:

Phase 1: Discussion on resolution

  • Researching the relevant documents and information provided by Client;
  • Under the Client’s request, representing the Client to draft, prepare and send 01 dispatch letter requesting the buyers to pay the unpaid amount;
  • Arranging 01 meeting with each buyer to discuss on the resolution of the cases;
  • Reporting Client any feedbacks and/or comments of the buyers; and
  • Advising Client the next handling solution in case the buyers have no feedback or refuse our request.

Phase 2: Initiation of the lawsuits

  • Researching the relevant documents and information provided by Client;
  • Reviewing and evaluating beneficial and unfavorable evidence (if any) of the Client related to the case;
  • Prepare a lawsuit file at the Court of First Instance and appoint 1 (one) lawyer to coordinate with the Client’s personnel (Legal representative or the Client’s staff authorized by the Client’s legal representative to have to participate in the Court of First Instance) to participate in the proceedings as a lawyer to protect the legitimate rights and interests of the Client or the authorized representative from the initiation to the end of the case at the first instance stage;
  • The work scope in this stage is deemed to be completed in the following conditions:
  • The Court issued a Decision to suspend the resolution of the case;
  • Both parties mediate successfully regardless of being in or out of the Court;
  • The judgment of the first instance Court is issued

Work duration:

Phase 1:

Within 07 working days from the date that SB Law receives payment of service fees or the date SB Law receives full documents and information on the case depending on which time comes later, we would provide Client a draft of the letter of request for review. Upon Client’s approval, we would send the buyers the official Letter of Request on Client’s behalf then arrange the meeting schedules with them.

Phase 2:

The time to resolve the case follows the rules and process at the Court. As provided by law, the first-instance trial commonly lasts for 8 months from the time the Court issues the decision to accept the case. The actual time may be longer because of objective factors coming from the Court or from the coordination of the two parties.

Clients can refer to more consultation contents of related issues via the link:

Consultancy on dispute resolution of commercial contract

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