Debt Collection in Argentina
How to recover a commercial claim from an Argentine debtor
Argentina is an important market for foreign companies, thanks to its strategic position in South America and consolidated trade relations with several European and American countries. However, recovering a commercial debt in Argentina may present challenges due to the complexity of the local judicial system and the often lengthy procedures. Knowing the available instruments is therefore essential to protect your interests.
Actions for international debt collection in Argentina
A creditor seeking to initiate an action against a debtor based in Argentina can rely on several instruments provided by local law:
- Out-of-court notice: before starting legal proceedings, it is common practice to send a formal demand letter through a local lawyer. This step demonstrates the creditor’s good faith and may lead to an amicable settlement.
- Negotiation and settlement: if the debtor acknowledges the debt, it is possible to formalize a payment plan. Such agreements can be signed before a notary or approved by a court, thus acquiring enforceability.
- Legal action in Argentina: the creditor can initiate a civil lawsuit before Argentine courts.
(i) For documented and uncontested claims, the ‘juicio ejecutivo’ procedure is available, which provides swift relief based on enforceable instruments (such as promissory notes, checks, or other enforceable documents).
(ii) If the claim is disputed, proceedings continue under a ‘juicio ordinario’, which takes longer and involves a thorough examination of evidence.
(iii) Interim measures: it is possible to request from the court the preventive seizure of the debtor’s assets (’embargo preventivo’) to avoid asset dispersion during the trial.
Why rely on an expert lawyer for debt collection in Argentina
The Argentine legal system has specific rules that require experience and knowledge of the local context. Relying on a lawyer specialized in international debt collection allows you to properly draft the initial demand letter, choose the most effective procedure depending on the type of claim and, if needed, seek precautionary measures in time to secure recovery.
Ursusnetwork offers specialised legal assistance in debt collection across Argentina, selecting the most appropriate strategy based on the claim and the debtor’s financial circumstances.
