By using this type of debt recovery, the creditor seeks to end the case by motivating the debtor to pay the debt voluntarily or by persuading him to negotiate and settle. Since amicable debt collection is based on persuasion, not legal actions, it is also the only chance to collect expired debts (for which the statutory limitation period has expired, so legal measures are not effective against the debtor).
Amicable debt collection is carried out using such instruments as:
- attempting to contact the creditor (in person, by phone, by e-mail, sms)
- issuing requests for payment and recovering amounts due
- informing the debtor about the debt being issued on the stock exchange
- informing the debtor of his intention to take further steps and the consequences of non-payment of debt
- undertaking negotiations to repay and recover debts
The advantages of amicable debt collection are lower costs of such activities. In addition, resolving conflicts with contractors through negotiation will allow you to maintain correct relations with the debtor, which gives you the chance for further cooperation.
However, you must remember that the effectiveness of amicable debt collection largely depends on how quickly you take appropriate action after arrears. From the debt collection agency you can have all the supports.
The purpose of judicial and enforcement recovery is to obtain a final judgment that allows you to ask the bailiff to carry out enforcement of the debtor’s assets and collect debts. Unlike amicable collection, legal, not persuasive measures are used, such as:
- issuing payment requests
- enforcement order
- referral to a bailiff
The court stage of debt collection consists in submitting a claim to the court located in the place of residence or registered office of the debtor, or to the e-Court. If, after issuing a judgment ordering the debtor to repay the debt, he still refrains from fulfilling his obligation, the judgment in the form of an enforceable title will allow you to refer the case to a bailiff’s office in order to start enforcement proceedings.
The advantage of judicial and enforcement recovery is primarily the interruption of the limitation period. The disadvantages of this form of debt collection include higher costs and a greater risk of losing a contractor than in amicable debt collection. Due to the difficulties posed by the stage of judicial and enforcement recovery, many entrepreneurs after unsuccessful attempts to settle their case amicably give up attempts to collect their debts, especially if the debt is small. However, if such situations recur, the outstanding balance will probably create a substantial sum. In this case, you should consider using the services of debt collection companies, for example this law firm .