Debt Recovery Services for Germany
The staff of our collection agency is trained to retrieve money from customers that are hard to deal with; we will contact the debtor using our strong but diplomatic techniques and make sure your unpaid accounts are quickly sent to your bank account.
Here below you will find a detailed explanation on how we collect debts and both amicable and legal steps we are following.
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We usually contact the debtor the same day of account placement.
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1.1 Amicable Phase
1.1.1 General
Our debt collection agency is dedicated to maintaining a professional process throughout both the amicable phase and the legal phase of collections in the country. Our focus at all times is on maintaining a sound relationship between the debtor and the creditor and, for this reason, is it always our first priority to achieve an agreeable settlement, full payment of the debt, or an agreeable payment plan that can avoid legal proceedings against the debtor, while still satisfying the objectives of our client.
Our collections experts are based in-house, allowing for a smooth and efficient operation that produces fast results for a large number of our clients. Debtors are pursued via telephone contact and via written correspondence that is sent via postal mail to their last known physical address. During all communications with debtors, it is the policy of our debt collection agency to maintain a professional demeanor that adheres to all state and federal laws governing collections in Germany.
Due to the nature of the relationship between Germany and Austria, many of the collections procedures followed by Accounts Receivable Germany adhere to the German code of collection regulations and laws, though exceptions are made when Austria has a specific statute that differs from the German code, known as Rechtsanwaltsvergütungsgesetz, or RVG.
1.1.2 Local agent
Our debt collection agency does not currently maintain its own facility to support field agent visits throughout the country. Because we prefer to maintain all of our collection-related activities in-house, we currently do not offer field visits to the homes of debtors in Austria. Should we establish our field agent facility in Austria, and change this policy, our clients will be notified and they will be able to take full advantage of the service. It should be noted that field agent visits are permitted in Austria by law.
Also worth noting is that Accounts Receivable Austria is always more than willing to meet with debtors at our own facilities in the country, and debtors are welcome to stop by at their convenience during our business hours. During such visits, it is our policy to discuss the debtor’s financial situation, their stance on repayment of the debt, and the nature of their business relationship with the client we represent.
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1.1.3 Interest
Laws and regulations passed by the national Canadian government do not permit companies, or debt collectors, to attach interest to an outstanding debt. However, this regulation can be superseded by any agreement between our client and the debtor that stipulates the addition of interest to an existing debt once it has been placed for collection. If this is the case, that interest — and any other costs — can be added to the total debt that we are trying to collect. It’s worth noting, however, that the Criminal Code of Canada prohibits the collection of interest over 60 percent and declares such a practice to be a crime.
1.1.4 Debt collection costs
Canada’s laws and regulations, as they pertain to debt collection, prohibit the attachment of any costs to the debt that might be imposed by the company or their collection agency. Accounts Receivable Canada adheres to this law, but is allowed to collect costs when such a possibility has been outlined in the terms and conditions set forth by our client and agreed to by the debtor.
1.2 Legal Procedures
1.2.1 General
The commercial laws that regulate debt collection and recovery in Canada are left up to each province or territory to decide. When it comes to bankruptcy, insolvency, and matters of the Canadian currency, however, federal jurisdiction reigns supreme. All of Canada’s provinces and territories, except Quebec, are governed by a common law system that originated in Great Britain and is based on that country’s laws. Quebec maintains a different system, instead based on the civil law system that can be found in France and several other European countries.
1.2.2 Required documentation
Beginning legal action can only be done when Accounts Receivable Canada has received the proper documents from the client to support their claim. That includes any documents that might be relevant to the dispute, including contracts, statements, and terms or conditions of the original lending product. Each of these documents must be in English or French; they must be verified and authenticated by a Notary in order to be permissible. For documents translated from another language, an expert must be on hand to certify their authenticity.
Our canadian debt collection agency team does require up-front security costs that will help to ensure our own company’s financial integrity in the event that the client loses their case and the debtor wins theirs. Witnesses may be required for the trial, and can appear in person, via videoconferencing, or via telephone. These requirements do very between provinces and some exceptions or additions may be needed in some cases.
1.2.3 Procedure for legal dunning
An attorney, largely to help our clients reduce costs, carries about the legal dunning procedure. Our Canada based debt collection office will select an attorney who will attempt both verbal and written forms of communication with the debtor in question. These activities will occur within state and national laws and regulations, and will be a part of the amicable phase. This part of the process may include payment arrangements and discussions of a settlement to eliminate the debt. If such conversations fail, the attorney hired by our Canadian debt collection agency will engage in due diligence when determining the future course of action as it relates to the debt. Those courses of action will recommended to our debt collection agency and to our clients.
1.2.4 Lawsuits and legal proceedings
Moving into the lawsuit phase of the collection process can occur in one of two ways. First, it may occur if amicable collection efforts have simply failed, and the company has not recovered the amount that is owed by the debtor. Second, it may occur after the completion of the legal dunning procedure if the debtor has appealed any actions taken by the attorney therein.
The legal process surrounding a lawsuit can sometimes be a long one, lasting anywhere from a few months to several years. This is largely because each of the provinces and territories of Canada have different legal procedures, different laws and regulations for debtors, and varying senses of urgency as it relates to debt collection. Many provinces require extensive discovery procedures before the trial can begin, and this can set the timeframe back quite a bit. Still other provinces and territories have the ability to request settlement conferences throughout the legal procedure, further stymying efforts to reach a quick decision.
1.2.5 Costs of legal proceedings
Legal proceedings in Canada can be a costly move for clients to take. Accounts Receivable Canada estimates that legal costs in each of the territories and provinces within Canada start at around 450.00 CAD, with the ability to quickly rise to as much as 6,000.00 CAD. These costs don’t generally include the added expense of witnesses, experts, and others who might be key to the case’s success. Those things will further increase the cost of litigation for the clients who choose our debt collection agency. In all, those clients considering legal proceedings should be prepared to pay as much as 1,700.00 CAD to initiate the process. An estimation of these legal costs will be performed by Accounts Receivable Canada before the procedure is started, allowing clients to determine whether or not the procedure is worthwhile.
1.2.6 General timeframe
A legal dunning process usually takes between two and three months to complete. Court proceedings, on the other hand, often take at least a year to finish. More complex cases will tend to take longer, and clients could be waiting several years for the issue to be resolved in its entirety.
1.2.7 Costs of Legal Proceedings
The victory in any court case involving a debt will be entitled to recover the cost of court fees, expert and witness testimony, document copying costs, and some portion of travel costs. However, most costs associated with travel and witnesses are not eligible for full recovery. In fact, some provinces and territories specifically state that such costs cannot be recovered at all, by either side of the legal proceeding. Some provinces and territories do allow for the recovery of attorney’s fees for the case, as well as any administrative charges associated with the process. This is usually subject to special regulations and provisions set forth by the local government.
Whatever the debts reason, we will work it, fast.
As debt recovery agency, we’ve seen of the disputes and excuses debtors say when they fail to payback our Clients.
We know how to rreply and negotiate, using the right level of pressure and get you paid quickly.
