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We are introducing a new platform feature with the aim of better informing investors about the steps our legal and debt collection teams are taking to recover delayed payments from farmers.
The “Debt Collection Stage” section will appear on each project details page and provide insight into the exact steps being taken behind the scenes by our debt collection and legal teams for each individual loan that’s experiencing delays in repayment.
There will be 11 listed stages and each loan’s current phase will be highlighted according to the ongoing activities.
Below are the stages and the detailed descriptions of each, including information about some country-based differences.
Action | Description |
Warning | Letter is sent to borrower regarding delayed payments. Borrower must repay delayed amount within 1 week or LANDE asks for prescheduled full repayment of the loan within 2 weeks. |
Withdrawal | Letter is sent to borrower informing them of LANDE's withdrawal from the original agreement. Includes debt amount per debt positions. |
Notary Warning (LV RE mortgage loans) | Warning sent by Notary according to agreements regarding obligations which are secured with a public mortgage or a commercial pledge. Must be sent to initiate Uncontested Enforcement of Obligations. |
Notary Agreement (LV) | Mutually signed document, approved by notary, which includes repayment schedule and works as an enforceable document. In case borrower delays monthly instalment by more then 60 days, the document can be submitted straight to a bailiff. No litigation process needed. |
15-day summon (RO) | The 15-day summon is sent to the borrower summoning them to promptly settle the debt, otherwise LANDE will start court proceedings. The summons contain the principal amount, interest, and penalties. |
Attorney | Documents regarding the debt case are prepared and submitted to the Attorney to start legal proceedings – preparation of claim and submission to court. |
Submitted to court | Attorney has submitted the case to court. According to the process, the defendant (borrower) is given 30 days to provide explanations (in LV & LT) or has right to submit a response up to 3 days before the trial begins (in RO). |
Trial date set | Court has set the date for trial. In Latvia and Lithuania legislation doesn't regulate the term for court to set the date for trial. According to the legal process (normal proceedings, Uncontested enforcement of Obligations) if the court asks additional documents or the defendant (borrower) provides explanations, this legal stage can take different amounts of time, also based on the workload of the court.
In Romania, the law states that in case the borrower does not submit a response to the claim, the request should be resolved in a maximum of 45 days from the day it was registered by the court. In practice, this could take longer depending on the workload of the court. |
Peaceful settlement | Mutually signed document, approved in court, which includes a repayment schedule and works as an enforceable document. In case the borrower delays the monthly instalment by more than 10 days, the document can be submitted straight to a bailiff. Signing the document ends the legal proceedings.
|
Court's decision received | The court has issued a decision. In Latvia & Lithuania, according to process, the defendant has up to 30 days to submit an appeal regarding the claim. In Romania, the defendant has up to 10 days to submit an appeal. Even if the defendant appeals it, the decision is enforceable.
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Court's decision in force (LV <) | The defendant hasn't filed an appeal to the court's decision; therefore plaintiff (LANDE) can ask court to issue enforceable document which can be submitted to the bailiff.
|
Bailiff | Enforcement document has been submitted to bailiff, who applies all possible enforcement actions against debtor (borrower) to cover debt.
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Alongside these stages, the regular debt collection updates will continue to be published by our team every 30 days.
The purpose of the Debt Collection Stage section is to provide deeper insight into the activities carried out by our team and to inform investors about the usual timeline and order of operations involving the internal LANDE team as well as external stakeholders/partners such as courts, attorneys, and bailiffs.
We will continue to develop our platform’s features in order to improve user experience and investor confidence, all based on our longstanding commitment to fairness and transparency.
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