Did you receive a lawsuit? Do you have debts?
How to avoid a seizure of assets? Can you be seized if you have nothing in your name? Then this information will help you a lot. Surely you have many doubts and need some guidance on how to proceed in matters of debt and judicial third party, because here we will teach you everything you need to know about judicial third party and what is a third party, one of the many solutions you can have to Your disposition in the matter.
First of all, it is worth noting what a third party is. Begin by pointing out that the judicial third party in a judicial process (a lawsuit) seizes assets of a debtor to be auctioned and with that money, pay the creditors, then, when in a auction, non-debtor assets are added, this owner (third) claim via third party to the creditor, so that these assets are NOT seized, that is, it aims to prevent a person from taking away and auctioning off the assets. Consequently, it could be the most effective process to avoid the auctioning of species.
A fundamental question to answer is: How does judicial third party work? And the answer is very simple: A person outside the judgment between the debtor and the debtor, makes a new claim arguing that the assets that are to be auctioned belong to him and not to the person who owes the debt.
Let’s look at an example to understand it better
Imagine that Leresdres owes a debt to a commercial company for the purchase of a washing machine. 90 days have passed since the term of the debt expired, and the company decides to sue Leresdres (judicial collection) to recover his money. Well, with the lawsuit begins the process of seizure in which a judicial receiver records all the auctionable assets that are in the house of this debtor.
So how to avoid a seizure of assets? After the EMBARGO the judicial third party enters. Filing a new lawsuit in which it indicates that the assets that the judicial receiver noted do not belong to Leresdres if they do not belong to another person and therefore cannot be auctioned, that is, transfer assets to avoid seizure.
Within this process, the judicial third party becomes part of the discussion of judicial collection and must be carried out after the embargo is made and before the species are removed for auction. In short, the judicial third party is carried out after the judicial receiver records the assets that the debtor has.
There are two types of third parties according to the assets of the defendant, these are the Third party domain and Third party possession. Both differ only in how the person proves that the goods are not theirs. Let’s see each one in detail.
Is it worth paying for a judicial third party?
From our perspective, it is worth it. A third party is one of the most effective methods to avoid the seizure and auction of assets, but in spite of the aforementioned it is not the only method and it is necessary to analyze first how much the debtor owes and what assets he has in his possession.
They are going to seize me and I want to do a judicial third party, what do I do?
It has Legal Insurance, we will help you not to auction off your assets and define through a third party or other mechanism to defend your assets. You can contact us and schedule an appointment.