Global Debts Management - Debt recovery

Procedure

The economic agents often remain with unpaid bills and unrecovered amounts of money, which means shrinking profits automatically.
This situation is solved to a great extent by hiring a company specialized in receivables, debts, debits recovery / collection.
If you have decided to start working with our receivables recovery and debits collection company, we will need you to send us by fax or e-mail, post, courier a list with your debtors’ names, the outstanding amount and the due date of outstanding invoices.
We can also send a representative at your company’s headquarters to take over the documents that identify the claimed receivable.
In order to initiate the receivables recovery procedure, we will conclude a commercial contract of mandate, by which you will empower us to deal with the case.
After signing the contract of mandate there will be prepared a complete and well documented file, composed of all acts underlying the rights of claim pretended by the creditor, namely – fiscal invoices, delivery notes, contract, partial payments, correspondence, debit recognition, payment commitment, promissory note, CEC, etc.


Identifying debtors
Of particular importance is the correct identification of debtors, from the legal and procedural point of view but also for the success of debt recovery. This is equally relevant both for legal persons (name, headquarters address, other relevant data) and for individuals (name, home address, etc.)
In this phase it is checked the legal persons’ insolvency, it is checked if the debtor has other legal or forced execution files recorded before Courts of Law or Tribunals, it is checked the existence of movable and immovable property, as well as debtor’s economic-financial situation.


Amicable recovery of debts and receivables
Involves locating and contacting the debtors by us in the ways required by the law, as well as being aware of them concerning debt repayment. Thus, within 24 hours after the contract conclusion it is made the identification and notifications of debtors. The notifications will be transmitted to debtors by post, courier, fax, e-mail.

Then, occurs the second summons, namely the request for a treaty. This is a mandatory phase before moving on to the legal process. Further on, it is maintained a phone contact with the debtor (repeatedly calling to obtain the debtor’s agreement for the payment of outstanding amounts). We do not exclude the possibility of guarantees for a correct recovery. We invite to direct pre-judicial conciliation under art. 720 paragraph 1 Civil Procedure Code, to identify the solutions to amicably resolve the existing financial dispute.


Recovery of debts and receivables in Court
This step is made only when there have been exhausted all possible means of debt recovery / collection in an amicable way. Together with our client and only after a careful and strict assessment of the file in question, it will be submitted to the competent Court of Law, as required by the legislation in force, to resolve the financial dispute by judicial order / decree.

If unresolved the dispute in an amicably manner it will be started the litigious procedure for debt, receivables, debits recovery / collection, by instituting proceedings against the debtor, legal entity or individual.
Based on the documents held by you we choose the best way to reach a court judgment against the debtor, forcing him to pay the debts (capital, late payment interest, penalties, legal interest, court charges). At this stage you must present documents in your possession. Neither in this phase is excluded the maintenance of a contact with the debtor. The methods of obtaining the court judgment are governed by laws 5/2001, 119/2007-es, public law, special procedures for certain sectors (insurance, banking, leasing) namely by the insolvency procedure.
There must be taken into account those situations where the customer has original contracts, leases, bank credit agreements, because in these situations there are applied laws 58/1934, 59/1934, 51/1997, etc.
In complex and complicated cases, our clients are represented by lawyers specialized in commercial law, civil law or lawyers specialized in the field required.


Debtor’s forced execution
If, nor after amicable negotiation neither at the legal process stage, the debtor does not observe his payment obligations, we will resort to forced execution, in this way resorting to a bailiff.
In his work, a bailiff can benefit from using public force help when the debtor opposes to forced execution.

This will happen under the Civil Procedure Code, article 3711. We will use all manners prescribed by the law: direct delivery of goods, of real estate, forced execution by tracking goods, forced execution by tracking properties, suspension and deactivation.