Judicial collection

Recovery time varies depending on the type of process, the complexity of the case, and the workload of the courts. In general, a monitory process can take between 6 and 18 months, while an executive process can be resolved in 4 to 12 months. Mortgage foreclosures tend to be more extensive, taking between 8 and 24 months. These timeframes can be significantly shortened if a payment arrangement is reached during the process.

The required documents depend on the type of process. For a monitory process, you will need documents that demonstrate the existence of the debt, such as contracts, invoices, account statements, or debt acknowledgments. For an executive process, you will require executive titles such as promissory notes, bills of exchange, or checks. For mortgage or pledge foreclosures, you will need the credit contract, the mortgage or pledge deed, and registry certifications that demonstrate the existence of the guarantee. In all cases, it is essential to have documentation that clearly identifies the debtor.

Costs include legal fees, which can be structured as a percentage of the recovered debt or a fixed fee, and procedural expenses such as stamps, edicts, certifications, and expert fees in case of appraisals. In Costa Rica, the losing party in a lawsuit generally must pay the procedural and personal costs, which means that, in case of success, these expenses could be recovered from the debtor. During our initial consultation, we will provide you with a detailed budget based on the specific characteristics of your case.

Yes, once a favorable judgment is obtained or in some cases from the beginning of the process, it is possible to request the seizure of movable assets, real estate, salaries, and bank accounts of the debtor. Salary seizure is subject to legal limitations, generally allowing up to 25% of the excess of the minimum wage to be seized. For bank accounts and other assets, the seizure can be for the total amount of the debt plus interest and costs. Our team will identify the debtor's seizable assets and manage the seizure proceedings strategically to maximize the chances of recovery.

Yes, in Costa Rica, attorney fees and court costs can often be recovered from the debtor in successful collection cases. The court typically orders the losing party to pay the prevailing party's reasonable legal expenses as part of the judgment. This includes attorney fees, court costs, and other litigation expenses. The amount recoverable depends on the complexity of the case and reasonableness of the fees. Our attorneys structure fee arrangements to maximize your recovery while minimizing upfront costs.