Collection of receivables

Accounts receivable is the amount of money debtors owe your company for goods supplied, services rendered or work performed. Its occurrence is an integral part of economic activity, but it can negatively affect your liquidity and financial stability.

How can you collect receivables?

There are two main ways of collecting receivables: pre-judicial and judicial.

Pre-trial collection of receivables

1. Talks:

• Communication with the debtor:
  • Establishing contact with the debtor and finding out the reasons for non-payment.
  • Use of various communication channels: telephone, e-mail, letters.
  • Preservation of politeness and business tone of communication.
  • Active listening and understanding of the debtor’s position.
• Debt reminder:
  • Informing the debtor about the amount and maturity of the debt.
  • Links to contracts, invoices, acts of acceptance and transfer.
  • Offering alternative repayment methods (installment, restructuring).
• Debt repayment requirement:
  • Sending an official letter with a clear and justified demand.
  • Setting the final deadline for payment.
  • Warning about further actions in case of non-compliance (appeal to court, collection of penalties, fines).

2. Claim:

• Official written document:
  • Contains a clear and justified demand for payment of the debt.
  • References to normative acts (Civil Code of Ukraine, Economic Code of Ukraine).
  • A detailed description of the reasons for the debt.
  • Calculation of the amount of debt, penalties, fines (if available).
  • Warning about further actions in case of non-compliance (appeal to court).
  • Term for voluntary repayment (usually 10-30 days).
• Signing and certifying the claim:
  • Signature of the manager or authorized person.
  • Stamp (if available).
• Addressing the claim to the debtor:
  • Delivery in person under signature.
  • Sending by mail with delivery notice.

3. Mediation:

• Involvement of a neutral mediator:
  • A mediator is a specialist who helps conflict parties find a compromise solution.
  • Mediation can be initiated by one of the parties or by the court.
• Mediation process:
  • Joint meetings of the parties with the participation of a mediator.
  • Discussion of positions and interests of the parties.
  • Finding a mutually beneficial solution.
• Advantages of mediation:
  • Preservation of business relations.
  • Saving time and money.
  • Quick and final dispute resolution.

Consult a lawyer

Judicial enforcement

1. Filing a claim: applying to the court with a demand for debt collection.
2. Court proceedings: providing the court with evidence of the debt, substantiating one’s claims.
3. Execution of a court decision: forced collection of funds from the debtor with the help of the state executive service.

Why is it important to solve these issues only with legal support?

1. Complexity of legislation. The process of debt collection is regulated by numerous laws and regulations. Ignorance or misunderstanding of these rules can lead to errors, delays or even rejection of the claim.
2. Collection and processing of evidence. In order to successfully collect a debt, you will need a reasonable evidence base, including contracts, invoices, acts of acceptance and transfer, correspondence, etc. A lawyer will help you correctly collect and issue all the necessary documents.
3. Conducting the case in court. A judicial process is a complex and long-term process that requires knowledge of procedural norms and practice. The lawyer will represent your interests in court, prepare procedural documents, participate in meetings and defend your position.

The main mistakes made in the absence of a lawyer?

• Incorrect processing of documents. This may lead to the rejection of the claim or delay in the legal process.
• Insufficient substantiation of claims. The court may not satisfy your claim if you cannot clearly and reasonedly prove your right.
• Failure to comply with procedural deadlines. Missing the deadlines can lead to the loss of the right to sue or the annulment of the court decision.
• Inability to resist the debtor’s arguments. An experienced lawyer on the debtor’s side can find loopholes in the law and prevent you from collecting the debt.

Find out the cost of legal assistance

Contact the company “Prykhodko and partners”

Our legal team has extensive experience in debt collection. We offer a wide range of services, including:

• Legal analysis of your situation. We will study all the circumstances of the case and determine the best way to collect the debt.
• If pre-trial debt collection is possible, we can act as mediators.
• Preparation and submission of a claim statement. We will competently draw up all the documents necessary for applying to the court.
• Representation in court. We will represent your interests at all stages of the legal process.
• Support for the execution of a court decision. We will help you get your money after the court’s decision.

Would you like to order a consultation or find out the cost of debt collection? Fill out the form below.