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Legal Collections

Once all pre-legal efforts and instruments (including field-action) have been exhausted without obtaining the desired results objective appraisal of each case based on careful investigation is critical in determining what options are remaining and wisely choosing which of these are the most promising. In a large number of countries in e.g. South America, apart from being obligatory prior to legal action, mediation proceedings can prove to be an efficient and interesting instrument to obtain a binding and enforceable payment promise from the debtor party. Both time and funds can be saved this way. 

Whatever option a creditor decides to go for in order to make a foreign debtor pay the exporter is facing a difficult and somewhat tricky question: To whom entrust the job when mediation and/or legal proceedings remain as the only options available? With EMS DEBITA Internacional at your side, you have sound reasons to believe that your very best interests will be defended without bad surprises. For what reason? We work the world over with carefully selected lawyers all of them specialists in the field of bad debt recovery and with many of whom we have close bonds for many years. Since we know to ask the right questions to these lawyers our clients can rest assured that our legal counsels’ and attorney’s expertise and recommendations will be honest and objective already before any mission will be entrusted to these. Since we constantly accompany our affiliate lawyers and supervise workflows and reporting our clients do not run the risk of facing a sudden cost explosion in the course of legal proceedings. We do not allow that your precious funds are spent unreasonably to commence or prolong legal action if we see little or no prospects for successful debt recovery. At the same time, we constantly keep motivating and actively assisting our affiliate lawyers during their mission to make sure that best results will be obtained in your behalf. Knowing that our partners adhere to our professional and ethical standards proves to be reassuring to our clients. 

When should one assign overdue accounts to an external collector?

The longer an overdue AR keeps lingering in your ledger the lower inevitably is getting the probability of successful recovery.
If one or more of the following scenarios are showing up you should place an overdue account without delay: Check without funds, debtor never available, drastic/abrupt changes in payment behavior, unfulfilled payment promises, debtor mentions cash-flow problems, disputes among managing partners and complaints without merit and unjustified objections.

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How to assign your accounts?

It is easy and simple: If you are a new customer we request you to fill in a Collection Assignment Form providing us once your relevant Company data (otherwise you just indicate your client number).
After approval of our General Terms and Conditions you sign order form and provide us back-up documents (copies of invoices, payment reminders, PO, delivery receipts, uncleared checks/letters of exchange, promissory notes etc.) along with a brief case description and copies of last correspondence with opposite party.

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