However, a recurring query is that of securing the payment of an existing debt for a consumer or mortgage credit acquired with a consumer credit institution that normally operates in shopping centers or online by calling center. These loans are sold to third parties in recovery packages and it is not possible to distinguish the fraud from the real creditor.
Despite the efforts to identify the ownership of the debt, it is not always possible, and the debitor may suffer some kind of telephone harassment, but it always coincides with a lack of transparency when explanations are requested, or powers of representation or ownership of the debt.
In this case, the legal system offers a very useful and sometimes little-known tool, through the Law of Voluntary Jurisdiction that was reformed in 2015, the procedure of judicial consignment of the debt, by means of which the debtor, after having previously requested the creditor and accompanying the relevant documentation, can offer payment by a secure means. It’s a safe way because the creditor, in order to collect the amount of the consigned debt, has to prove his status before the Court and the power of attorney with which he acts, which is why many times before it has not been possible to do so in full security.
The Court will not only deliver the amount to the creditor but will also declare the release of the debt by the debtor, who must then make the payment in order to prove it where it corresponds.
Given that it is much more common than it might seem, but the wide range of secured and unsecured debts and credits, please do not hesitate to contact us to see the particularities of each case.