Availability of receivables is typical to all legal entities and individual entrepreneurs.
When funds are returning the most difficult cases of troubled debt repayment (debt is over 90 days).
These cases are called problematic, since the debtor is trying all the different ways to perform his obligation to pay debt, resorting to such methods as the use of alternative termination of the option (elimination), forgery of documents, Various methods of concealing assets of the enterprise, share sale (of shares) And so on.
Debt recovery takes place in several stages.
In pretrial
you have the following options to resolve the dispute over debt repayment:
installment debt;
claims of the credit;
novation;
disposition of property;
assignment of rights under writ of execution;
amicable agreement;
other ways of debt restructuring.
Besides, the pre-trial stage necessarily exhibiting pre-trial claims indicating the exact period of the voluntary return of the resulting debt.
In case of default by the debtor after the debt resulting direction of pre-trial claims. The next step is compulsory recovery of debts by seeking protection in the notary or the court.
Notary collection of receivables
possibly in the presence of documentary acknowledgment by the debtor of his obligation to pay debt (a positive response to the claim, Act of reconciliation). This method of collection of receivables is only possible, if you signed the following contracts: purchase and sale, delivery, outsourcing, traffic, the paid services, store.
To contact the notary office of the documents you will need the following:
documents, confirming the debt (signed contract, overhead, acts of acceptance);
the claim and the response to it;
reconciliation statement of mutual settlements;
document confirming the payment of the notary tariff.
If the procedure is observed, the notary on the same day issued the executive inscription. Notary collection of receivables has advantages such as saving time and money.
Collecting debts in order writ of production
as a quick and inexpensive way to, does not require calling party. In this manner, you can collect the debt, if the counterparty is no objection to repay debt. Yet the debtor does not give an answer to the claim, not signed a reconciliation statement of mutual settlements. In making the determination of the court order may be rejected by the court on the grounds, that the debtor is directed to the court written objections, with the result that the parties of a dispute about the right, which can be resolved by way of action proceedings.
action proceedings
It implies more costly and lengthy process of debt collection (the dispute shall be about 2 months for simple cases) with a call party. At the trial in such a manner is allowed to demand from the debtor payment penalties, despite his objections. After the decision in the case of dissenting party can appeal to a higher authority.
In addition to the general methods return the resulting receivable, the following methods:
the debtor's bankruptcy;
drawing attention to the activity of the debtor enforcement authorities;
attracting controlling company of the debtor entities to vicarious liability for company debts;
– et al.
In step executive production
drawn up a payment request to the bank for a forced write-off of accounts receivable formed debtor after obtaining a court or Notary executive document. In the case of absence on account of funds of the debtor in the enforcement authorities forwarded the application to institute enforcement proceedings. At this stage, the direction of the bailiff is allowed petitions to limit the debtor's actions.
To compile the application to the notary office or the court requires knowledge of the legislation of the Republic of Belarus in compliance with the requirements of the, requirements for registration statements, and the most giving and consideration of the application procedure,.
When ordering this service, I will prepare the necessary documents for applying to the notary or the court for the recovery of receivables, I calculate the size of the state duty for consideration of the case, as well as the amount of the debt, with interest for the use of borrowed money and penalties as of the date of application.
Service to collect accounts receivable includes:
– legal analysis of the documents and the circumstances of the case;
– to determine the optimal measures to pre-trial settlement of dispute;
– analysis of the financial condition of the debtor and the definition of probability of repayment;
– preparation and direction of the pre-trial claims to the debtor;
– negotiations with the debtor;
– registration application for the commission of the executive inscriptions or decoration, and the direction of the court application for writ proceedings (indisputable order of collecting debts) or claim (if there is a dispute about the right);
– counseling about the behavior in the judicial process, preparation of position on the case;
– compiling reviews, petitions, etc..
– preparation of appeal, appeals, supervisory review;
– support the actual enforcement of the judgment.
Draw your attention, that produced documented expenses to collect accounts receivable shall be reimbursed from the debtor.