Dipute Resolution
Dispute Resolution Lawyer
Welcome to site of MTon Vietnam law firm which dedicated to providing information about Judicial and/or Court in Vietnam. We hope you enjoy this site and find it useful.
If you have any legal problem in Vietnam, you have no one to help you, don't worry, please call lawyers of MTon Vietnam lawfirm and do nothing before your lawyer appear beside you.
There are disputes between you and another private party or a business. The cases heard in this type of court are financially based, rather than being criminally based. Judges in a small claims court will come to a fair determination of who is owed or not owed money and how much should be rewarded.
Unfortunately there is a cap that is setup with a court, but it depends on the province in which you go to court. A great example of this is Hanoi, Vietnam
In fact, there are a few things the judge can do once he or she has had a chance to listen to both sides of the case. They will then consider the evidence. Yet, that is very hard to do on your own unless you have substantial knowledge of Vietnamese laws as well as the local laws in your province.
This is why most foreigner who are going to court in Vietnam will hire a lawyer of MTon to represent them. A lawyers of MTon will have in-depth knowledge about court claims and will know a lot about the law in Vietnam. Some things that they will be able to advise you on include:
* What needs to be entered as evidence.
* What you should or should not say in court.
* How to behave and how to respond to the defendants comments
* How to fill out all of the paperwork needed to file and describe your case clearly.
One of the best parts to hiring a paralegal is they will help you keep from misrepresenting yourself and getting confused in the process. If this is your first go round in a small claims court, it can be a nightmare if you’re not prepared.
You: The Defendant
It’s also possible that you will be the defendant in the matter. If this is the case you should hire representation immediately.
No matter what side of the case you are on, the Vietnamese legal system can be complicated and you definitely need to seek representation! Even though criminal charges and jail time are not on the table, you still stand to lose quite a bit if you are ruled against in a court proceeding.
Before you hire a lawyer, make sure you contact us according to this address: 59A Lythaito Street, Hanoi city, Vietnam, Tel: +84 (0) 4. 39931888
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What can I do to pursue a debt?
Debt collection is a legitimate and necessary business activity where creditors and collectors are able to take reasonable steps to secure payment from consumers who are legally bound to pay or to repay money they owe. It is important that any organisation involved in recovering debt is aware of their legal obligations.
You should treat debtors and third parties fairly and with respect and courtesy. You should never harass or coerce them, treat them unconscionably or mislead them as to the nature of their debt, their legal obligations or any possible outcomes if the debt is not paid.
You should also not pursue a person for a debt unless you have reasonable grounds for believing the person is liable for the debt.
Legal actions
- Contact for a reasonable purpose only (this section appears above)
- Making contact with the debtor
- Hours of contact
- Frequency of contact (including contact face-to-face with debtors, contact with third parties, and an explanation of undue harassment)
- Location of contact
- Face-to-face contact (including at the debtor’s home or workplace)
- Privacy obligations to the debtor and third parties (including the collection, disclosure and handling of the debtor’s personal information, the privacy rights of third parties and obligations regarding consumer credit reports)
- When a debtor is represented
- Record keeping (including recording debt settlements)
- Providing information and documents
- Consistent and appropriate correspondence
- If liability is disputed (including situations where liability is formally disputed)
- Repayment negotiations
- Contact when a payment arrangement is in place
- Contact following bankruptcy or a Bankruptcy Act agreement
- Conduct towards the debtor (generally)
- Debtors at a special disadvantage (including non-English speaking debtors)
- Conduct towards family members and other third parties (including communication with the debtor’s child)
- Representations about the consequences of non-payment (including credit reporting)
- Representations about the legal status of a debt (including statute-barred debt)
- Legal action and procedures
- Resolving debtor complaints and disputes
- The role of independent external dispute resolution schemes