Independent (pre-trial) debt recovery
Currently, the issue of debt collection takes up half of the total activities of the security services. At least for this type of activity is very easy to grade the health of their security. Criteria − returned to the budget of the enterprise money. Unfortunately, the present condition of legislation allows unscrupulous debtors − legal entities to easily evade responsibility and even "reset counter" and continue to work as if nothing had happened. It is known that corruption can win two or three well-targeted progress, the question of accounts receivable at the state level can not be solved by the introduction of a pair of constraints. However, this is not the topic of this article, and the object of activity of statesmen. Someday they will come to a simple solution. We wish them good luck.
First, you need to understand how is the work with accounts receivable currently. A very simple example. The company one way or another received payment on account of the further supply of goods or services. If the company is unscrupulous contractor (this is issue pre-check add), you will not have to deliver the goods or return the money. Moreover, referring to the Arbitration court, you will not see their debtors in the proceedings (they will be higher than this). What will happen next. And then the Arbitration court will decide the case in the absence of the opposing party to provide you with the writ. To celebrate, you will rush to this sheet the Bank counterparty, or in the office of the Federal bailiff service. I think you will get something. Do not be naive, in the accounts of the company for a long time is not a penny, and if she has it still, to check on them you can only by surgery, since not all feel obliged to notify the tax authorities about the opening of legal entity accounts. Come on, at the legal address of the company you will find some business center, which it never was. Yes, but if you visited the office, there you will find that if the debtor has not left, and to take from him nothing, because the office is leased with furniture, a computer, sorry, the personal property Manager and to arrest him did not succeed. In the same conversation with a CEO, if you find him, you politely explain that the activities of the enterprise collapsed, no money to take them nowhere, and that individuals (Directors, owners) are not liable for the debts of the enterprise. So, after we briefly outlined the current realities of life in business, lowering one of the eternal Russian question − "who is guilty?" let us ask a more practical question − "what to do".
The pre-trial stage of collection of debt is the initial state and the judiciary do not participate in it. Here are negotiating the creditor from the debtor party claims correspondence between them. Almost all
contracts in the "Final provisions" or "responsible parties" usually indicates that "Disputes hereunder shall be resolved through negotiations." This means that the pre-trial procedure for dispute settlement provided for by agreement of the parties, and it is required. Courts require compliance with this the correspondence, and the requirements of its observance fixed on the legislative level. Without a claim on the debt repayment, the award debtor, in writing, the court will not accept a claim to the courts make such a claim and give the debtor. In other words, while the copy of the claim does not appear in the judge – the trial will not begin.
Self (pre-trial) debt collection has a number of advantages over other methods of recovery:
All pre-collection can be divided into:
So you've decided to do a pre-trial debt collection. In most cases you will start now leapfrog the following: some debtors tend to hide and run, change phone numbers; some, though not avoid meeting with you, but make it clear that money for debt repayment, and the repayment need to wait longer, begin to "jam tomorrow"; and some, in contrast to these "hold-outs" really are in a difficult financial situation due to objective circumstances or force majeure, but in spite of this, they don't avoid responsibility, negotiate, plead guilty and though at present the money to repay the debt does not propose to consider options for deferral, installment debt restructuring.
Successful pre-recovery will take place only then, when you are four necessary conditions:
ways of repayment of the obligations.
Now highlight the main mistakes that you can make:
After all written readers may feel that now is absolutely impossible to carry out debt recovery. But it is not. And now I will try to parse its approval on the basis of several examples.
Example 1
Debtor − legal entity, the sole founder and Director is a previously convicted and brought to administrative responsibility the citizen young age. During a telephone conversation, he explained that he could not repay the debt in connection with the absence at the present time. By the way, the company and its accounts were completely empty. Against the company by the arbitral Tribunal had issued a writ of execution to recover the debt. During a personal meeting with the Director of the debtor the latter were brought solid position of the company in respect of recovery of debt in case of default the company reserves the right to involve the Director personally (as the only decision maker) to criminal prosecution either under article 315 of the criminal code (failure to execute decisions of the arbitration court) or under article 159 of the criminal code (fraud), and a significant penalty for which does not cancel the obligation to him to pay the debt of the company. After this impromptu "whip" in the course went "stick". The debtor was asked to restructure its debt and, due to the fact that he is currently working as a hired employee, to pay the debt on a monthly basis through their salary. Otherwise, there is a risk of losing their jobs altogether, when his employer becomes aware of the existing problems of the employee.
Example No. 2
The debtor − legal entity, Director and founder are the same person. The debt arose under the lease of office space. In the course of negotiations with the debtor was found unwillingness to pay the debt and a clear risk of "flight" without payment. The debtor was asked to formally terminate the lease beginning of the month, he went on. In the evening of the same day the space previously leased by the debtor, was opened, and the stored property taken for safekeeping, what made the act. In the course of further negotiations with the debtor the past it was explained that according to the explanations of the Supreme arbitration court allowed the lessor to retain the property of tenant to the secured debt in cases where the property was abandoned on the territory of the lessor after the expiration of the lease, and the tenant has been given sufficient time to carry out self-export. In the future, landlord permitted the sale of property held by a public tender for the collection of receivables.
Example No. 3
The example is very similar to the first, but differs in the object of influence. In this example, the Director of the debtor refused to pay the debt, claiming that it is the nominal person, and all the Executive decisions were made by the founders. In examining the debtor, it was decided to act upon it through relatives. The debtor's spouse at the time was in the position, and this greatly helped. During a conversation with her
were presented information on the indebtedness of her husband, and also brought the intended next steps in debt collection, namely, the attraction of the debtor to criminal liability for fraud, the consequence would be fine, it does not cancel the obligation to pay the debt of the enterprise. And get this fine Director in person! And, because the debtor currently an employee to his employer will be informed of the presence of the employee and the conviction that financial problems. During this treatment, under the influence of spouses, the debtor was forced to go to the repayment of debt.
Example No. 4
The debtor is a construction company engaged in road works. The Director did not mind paying, but there was no money, and his other debts other counterparties are so large that to cover them literally nothing. The debtor is waiting for the findings of several gospodryadov. Assuming, as other creditors holding the throat of the debtor, waiting for payment on contracts, we have chosen a different path. Assistance was provided to the debtor in the sale of inventory, which could require it in future contracts. Further, while there is time, the debtor was requested to undertake certain work on our site for a nominal fee (payment of materials).
Finally I will try to summarize and give a few tips:
If the debtor is willing to pay, but do not have the cash, you should verify its financial position. Then it should detect the presence or absence of a property to repay the debt, the ability or inability to use the debtor in their business activities. In case of identification of these opportunities should be used first.
In cases where the debtor is not going to repay the debt, or the state of Affairs of his company does not allow you to use it to their advantage, hard to translate the company's debt, so to speak, in debt personally Director, founder, do this debt problem his relatives, friends, colleagues. This is very important, because up to this point the debtor will rely on the fact that the problems of the company and his personal problems − it's completely independent things. He needs to prove that the failure of the debt will bring additional difficulties in his personal life.
Should actively disseminate information externally about the problems of the debtor, with indication of the Director, the founders, to prevent the possibility to further fraud with other contractors. In practice, the author met the case of such fraud when a debtor, having started in all serious, came to trade his construction license, hiding even from their own relatives. So I always publish data on the Internet by unscrupulous debtors, someday, when checking the business, you will see my entry.