Loan Recovery, Execution, and Related Revision/Writ Proceedings

Dewey Leboeuf Law Firm stands as a legal beacon in Bangladesh, known for its comprehensive expertise in navigating the intricate landscape of loan recovery, execution, and related revision/writ proceedings. This article delves into the firm’s exemplary track record, focusing on key cases and legal strategies that showcase its prowess in safeguarding clients’ interests within the complex framework of financial litigation.

I. Defending Clients’ Interests in Artha Rin Court:

A. Interest Calculation and Payment Adjustment:

  • Precision in Calculation:
    Dewey Leboeuf’s legal team has consistently demonstrated precision in addressing complex issues related to interest calculation. The firm excels in ensuring fair and accurate calculations, safeguarding clients from excessive claims by financial institutions.
  • Moratorium and Payment by Instalment:
    In challenging insolvency situations, Dewey Leboeuf has secured favorable outcomes for clients by obtaining moratoriums and negotiating payment by installment. This strategic approach empowers clients to manage financial challenges effectively.

II. Empowering Third-Party Settlements in Artha Rin Court:

A. Invoking Section 32 of Artha Rin Adalat Ain:

  • Land Mortgage Dispute:
    Dewey Leboeuf showcased its legal acumen by invoking Section 32 of Artha Rin Adalat Ain, empowering a third party to settle a bank claim. The complexity arose from a land mortgage dispute where the bank denied rights to a party that had invested in the mortgaged land as a developer.
  • Resolution Amidst Auction Plans:
    The bank’s intent to auction the land, rejecting settlement proposals, prompted Dewey Leboeuf to navigate the circulars issued by the Central Bank on interest waivers. The firm successfully secured a resolution that protected the third party’s investment interests.

III. Litigations in Artha Rin Adalat, Magistrate Court, and Executions:

A. Warrant Issuance and Asset Attachments:

  • Strategic Litigations:
    Dewey Leboeuf has been at the forefront of handling litigations in Artha Rin Adalat (Loan Recovery), Magistrate Court (Cheque Dishonor), and execution cases. The firm’s strategic approach in issuing warrants and securing asset attachments underscores its commitment to protecting clients’ interests.

IV. Writ/Revision Proceedings in High Court:

A. Arising from Artha Rin Adalat, Magistrate Court, and Execution Orders:

  • Navigating High Court Proceedings:
    Dewey Leboeuf has navigated the complex terrain of high-stakes writ/revision proceedings arising from Artha Rin Adalat orders, Magistrate Court orders, and Artha Rin execution orders. The firm’s success in these higher courts highlights its proficiency in presenting compelling cases.

Before a court proceeding is initiated, our debt recovery solutions can issue an initial letter requesting the return of the debt and the amount owed. Our expert attorneys will compose a formal letter before action demanding payment of the debt owed to your business. It issues a dire threat of unavoidable legal repercussions in the event that the payment moratorium is not complied with.

Typically, our letter prior to action contains the following:

i. The conditions that precipitated the existence of the debt in question.

ii. The monetary value implicated.

iii. Specific information regarding the debtor.

iii. Specific information regarding the client.

v. Establish the payment period, which is typically seven (7) days during the moratorium.

Letters before action may, in certain circumstances, result in the settlement of the debt owed and due to our client, thereby obviating the need for additional actions. A law firm, not a debt collection agency, is what we represent. Explicit directives from our clients dictate that we resort to litigation in the event that our letter of demand fails to yield payment.

Our services for debt recovery consist of:

i. Commercial litigation and the resolution of disputes;

II. A letter prior to action (LBA), which includes letters of demand;

iii. Resolving disputes through the implementation of Alternative Dispute Resolution (ADR) procedures;

iv. Acquiring and implementing judgments through various means such as garnishees, writs, and instalment orders;

v. Providing support to you and your business through the crafting of the agreement in order to reduce the necessity for debt recovery actions and

vi. Follow-ups and telephone collections.

Methods for effectively recovering debt

In Bangladesh, several pragmatic strategies for debt recovery are outlined below.

i. Recovery by means of a Writ of Summons being issued.

ii. Recovery by means of a petition for summary judgment.

iii. Recovery by means of a Mareva Injunction application.

IV. Restitution by means of a Writ of Execution.

Dewey Leboeuf Law Firm’s exceptional capabilities in loan recovery, execution, and related revision/writ proceedings underscore its position as a legal powerhouse in Bangladesh. The firm’s successes in defending clients’ interests, empowering third-party settlements, and navigating diverse litigations demonstrate a deep understanding of the complexities within financial litigation. As Dewey Leboeuf continues to set high standards in legal representation, its commitment to excellence remains unwavering, solidifying its reputation as a go-to law firm for navigating the intricate landscape of loan recovery and related legal proceedings in Bangladesh.



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