Types of receivables and methods of their recovery
Civil law receivables.
Civil law liabilities include fees resulting from civil law contracts. If the buyer or borrower is even a few days late with the repayment of his receivables, then debt collection actions should be taken as soon as possible. In this case, the first step is usually amicable debt collection, consisting in sending a message to the debtor or making a phone call notifying about the liability. The second step is negotiating with the debtor regarding the repayment date. The creditor has the right to indicate the date of a one-time repayment of the debt or to set a repayment schedule if he spreads the amount due into installments. Also, the creditor himself is able to get his receivables back faster than in court, and thus the debtor will not be burdened with additional court costs.
Recovery of debts through the court.
If amicable debt collection does not bring the planned effect, the case should be referred to the court, filing a claim for payment. Claims can be pursued in court by filing a lawsuit with the appropriate court or electronic institution, which is the Electronic Writ of Payment Proceedings. In the latter case, no evidence is required, except that the claimant indicates evidence in the lawsuit. If, on the other hand, the court examining the electronic lawsuit decides that the case requires evidence, it will forward it to the competent court.
Factoring as an alternative way to recover debts.
When the collection of receivables fails either through amicable debt collection or in court, the entrepreneur has the right to use the so-called factoring. By transferring your receivables to the factor, i.e. a bank or other specialized institution dealing with debt recovery, thus becoming a factorer. The factor pays the outstanding amount owed by the debtor to the factor, less commission. Although this does not ensure obtaining the entire claim, as the factor charges an appropriate fee, but thanks to the instant recovery of funds, the factorer maintains financial liquidity.
Alimony payments and the manner of their enforcement.
A private detective indicates that the recovery of maintenance can be handled by a bailiff or the debtor's employer, as long as he has a permanent job. Maintenance can only be claimed after receiving an enforceable maintenance order issued by the court. When cases for the recovery of maintenance are referred to the bailiff, the bailiff takes the appropriate part of the debtor's remuneration and relieves him of the costs of bailiff enforcement.
The detective advises that a better solution is to contact the debtor's employer directly, who collects maintenance from his salary. It follows from the above that the advantage of enforcement of maintenance by the employer is that the debtor avoids additional costs. However, the employer may not reduce the debtor's remuneration by the amount of maintenance if benefits are deducted for the benefit of several creditors and the employee's salary is not sufficient to cover the entire claim. In this case, the recovery of maintenance claims can only be dealt with by the bailiff.
Rent receivables.
If the tenant of the premises is even a few days late with payments, it is a signal to react. Two days after the agreed payment date, the tenant should be notified of the payment and asked when he would pay. However, if the notification itself turns out to be fruitless, it remains to send the tenant a request for payment with a specified deadline, and then pay him a visit and persuade him to sign the acknowledgment of the debt. This document, presented to the court, to read the acknowledgment of the debt and the attached documents (deed of ownership of the premises, request for payment, issued invoices), if the recovery at that time did not have the intended effect, entitles the court to issue an order for payment without any hearing. After issuing such an order, the creditor may refer the matter to the bailiff to recover his receivables, but he can only receive them after the order for payment has become final.
