According to the amendment of the check issuance law in November 2017, what is the best way to collect a check?
There are four ways to collect a check:
1- criminal complaint;
2- Legal petition to the legal court;
3- Request to issue an executive order from the judiciary;
4- Request for executive issuance from registration;
The important question in collecting a check is which of the recent methods is more suitable for the check holder? First of all, it should be said that choosing the most appropriate method must be determined on a case-by-case basis because, firstly, sometimes due to some reasons, the holder does not have the possibility to use all these methods; For example, if the check is promissory note, there is no possibility of a criminal complaint; If it is mentioned in the text of the check, it is not possible to issue an executive order from the court for guarantee; Also, if the signature of the check does not conform to the sample of the issuer’s signature, it is not possible to issue an executive order from the register; Therefore, choosing the best method depends on the conditions of the check; Secondly, assuming that it is possible to choose between four methods, the conditions of the holder or exporter or other obligees are also effective in choosing the method; For example, in cases where the issuer is a reliable person, usually a criminal complaint causes the issuer to pay the debt directly and before the judgment is issued; Or in cases where the ban on the exporter has serious negative consequences for him, taking action through registration procedures is a suitable option; Or in cases where the exporter has no property but has a valid guarantor or endorser, it is more appropriate to submit a petition to the legal court against all obligees of the commercial document; Despite this, in general, it can be said that according to the new amendments to the check issuance law, if the conditions of the check are such that one can directly refer to the proceedings of court orders, the best way to collect the check is this way because it is fast and Its cost is low; Of course, the latter solution is not without flaws, because firstly, it is not possible to claim damages for delay in this method, and secondly, it is not possible to issue an executive order against the guarantor and the endorser (for more details, see No. 15 of this chapter): In the end, it must be said that a criminal complaint, It does not prevent the collection of checks through judicial proceedings or registration, and they can be combined with each other (Article 187 of the Regulations on the Implementation of the Provisions of Official Documents).
According to the amendment of the check issuance law in November 2017, what is the best way to collect a check?
Quoted from #book_of_zero_to_hundred_business_and_work rights
Compiled by Dr. Farhad Bayat
https://telegram.me/joinchat/BWLLkz0CEsLpbdyt9zK8_A
This post is written by Mehrad_tehrani