Creditor and debtor: methodologies and stages of the proceedings

Business

  • Author Martina Celegato
  • Published July 6, 2011
  • Word count 488

D'Annunzio once fled to France to escape creditors and when he returned triumphant in Italy and was forced to retire at the Vittoriale he set up the "Room of Mascheraio" where to seat people just like (including that Mussolini who forced him into exile gold), most of which consisted of creditors of every kind and every kind.

Creditors are more and more numerous are the debtors that cannot always be compared to Gabriele D'Annunzio. Now, however, creditors will not go over the debtor's house to collect what it is but appropriate to rely on collection agencies to take up this task in a professional manner and collect their outstanding observing the steps of the law in every detail.

The management of credit outstanding and its subsequent recovery should it be performed by qualified personnel for this task in a position to guarantee compliance with every detail of the steps involved, a function that cannot be entrusted to the procedures used in the past as the investment commercial forces that were also used to collect the outstanding business in a manner complementary to that of the sale. Now, with the improvement of laws and the specialization of business functions is increasingly entrusted this task to agencies that have made the subject their profession who carry out this function independently and completely independent from avoiding waste of time and money by those who must collect.

The techniques used by the various agencies, because there are many on the Italian territory, can vary in small details or in individual steps, but in most cases the main features remain the same allowing you to follow step by step throughout the procedure put in place on behalf of the company for the recovery of unpaid debts.

In a first phase, the debt is based on an interview with the client that in many cases is made directly by a lawyer or a person qualified to provide details of the legislation, the timing and other relevant details and materials documentation proving the debt and that would achieve the business profile and the detailed analysis of the debtor.

It is then made to deliver a warning that the debtor must indicate payment terms. In the absence of an acknowledgment by the debtor of the agency usually proceeds with a reminder phone that is aimed at verifying the actual will of the debtor to discharge his debt. In case this is negative we proceed to the deposition of an action for injunction with the subsequent notification to the debtor and the affixing of its enforcement culminating injunction and seizure of assets.

Obviously, according to the will of the debtor, the procedure can be stopped in different phase, soldering, however, the debt and then canceling the procedure or older on the bottom. Each stage can be monitored by the customer provided that the agency is still required to notify the outcome of any contact with the debtor.

This article was written by Martina Celegato, with support from assegno insoluto. For any information please visit cessione pro soluto, or visit solleciti Prima Posizione srl Used with permission

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