Receivables and Overdue Debts
Debt collection involves jointly assessing the right to payment and the concrete possibility of obtaining it. We assist businesses in preventing defaults, managing disputes, and undertaking collection initiatives, preventing the time and cost of the process from becoming a further source of loss.
Establishing the amount you can claim
Before requesting payment, we reconstruct the relationship: who the debtor is, what service was performed, when the debt accrued, and what disputes have been raised. The invoice is a starting point; orders, contracts, deliveries, reports, acceptances, and correspondence can be crucial in documenting the claim.
We distinguish between past due credit and credit that is still subject to verification or performance. Interest, penalties, guarantees, and fees require an examination of the title and applicable regulations. We also check the terms to be preserved and any existing procedures involving the debtor.
A payment demand with a clear objective
The pre-trial phase can serve to obtain payment, resolve a dispute, or gather a verifiable proposal. Communication is tailored to the relationship and the documentation, avoiding involuntary concessions or promises the company doesn't intend to keep.
A repayment plan must regulate amounts, due dates, any guarantees, and the consequences of default. We evaluate whether waivers are immediate or conditional upon actual payment, how to handle interest, and what protection remains if an installment is missed.
When to consider court proceedings
If negotiation fails to provide a solution, we examine the available legal remedies based on the evidence. An application for an injunction requires specific prerequisites; a dispute may require a different approach or initiate an opposition phase. Jurisdiction, admissibility requirements, and urgency are assessed on a case-by-case basis.
The comparison includes foreseeable costs, unguaranteed timeframes, the risk of losing, and the possibility of recovery. It's not enough to ask whether the claim is well-founded: it's also necessary to assess whether an initiative is proportionate to the debtor's value and situation.
From a court order to payment
Obtaining a title is not the same as cashing in. The next step requires identifying the concretely feasible enforcement actions and the assets or receivables that can be seized through the permitted instruments. Guarantees and obligated parties must be examined separately, without assuming that shareholders or directors are always liable for the company's debts.
If the debtor enters into a crisis or insolvency procedure, the recovery process must be coordinated with the rules of that procedure. We evaluate the documentation required to enforce the claim and the communications received, respecting the relevant deadlines.
An example: payment suspended due to a partial dispute
A customer disputes a delivery and withholds the entire balance for multiple deliveries. We reconstruct which goods were accepted, which defects were reported, and what amount remains in dispute. This allows us to evaluate a specific request, a technical inspection, or an agreement, without confusing different positions.
This is an illustrative example: the choice depends on the documents, the validity of the disputes and the solvency of the other party.
Prevention and the initial discussion
To reduce future defaults, payment terms, exposure limits, guarantees, delivery documents, and dispute procedures can be reviewed. Sales and administration must have consistent guidance on when to suspend new deliveries or submit a case for review.
Frequently asked questions
Submit the contract, invoices, payment schedule, proof of performance, reminders, and responses received.
Is it always necessary to sue?
No: it must be weighed against realistic alternatives.
Is a promise of payment sufficient?
It must be evaluated along with evidence and guarantees.
Can all costs be recovered?
It depends on the title, the procedure, and the actual recoverability.
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