When running a business, we must be aware that we can meet different people, different companies and entities on our way. Sometimes it may happen that you do not receive payment for the service or invoice issued, which will be the basis for inducing you to collect the debt. When you decide to start debt recovery proceedings against an opponent who in this situation will be the debtor, you can consider the so-called amicable debt collection.
Amicable debt collection: negotiations and settlement with the debtor
Specialists from Jyda Kunely’s Law Firm, analyzing evidence and information from their clients, sometimes decide to advise them on trying to negotiate with the debtor whose purpose is to reach a settlement. Such negotiations allow you to save time (faster recovery of receivables) and reduce the costs incurred by the creditor. In addition, they are a good option if the creditor does not have invoices or a contract to perform some service. For the debtor, this is an attractive form of closing the case due to the fact that when approaching negotiations, creditors wanting to recover the principal payment decides on some concessions. The settlement does not preclude further cooperation with the debtor.
How to negotiate with the debtor?
The basic principle applied by our legal advisors is that the debtor should be treated as a partner and not an enemy. Negotiations rely on joint dialogue and an attempt to find a common solution to the problem. It is important to respect him. This approach that allows you to recover a claim does not categorize the creditor and debtor as a winner and loser. When approaching negotiations, you must have the necessary skills and experience to handle this type of affairs. Not every debtor is honest, there are also entities that will deliberately avoid payment and attempt to manipulate during negotiations.That is why it is so important for them to be looked after by people with relevant knowledge.A professional debt collector thanks to his experience knows the licks and the most common excuses of debtors by heart.
Mediation differs from negotiation in that it is attended by an impartial third party. Such a person will look at the whole situation impartially and propose a solution. Mediation can be both at the pre-trial stage and during court proceedings. The most important issue when undertaking mediation is the fact that both parties are willing to reach a compromise.
Effective negotiations / mediation – settlement
Regardless of whether we decided to negotiate independently or with the participation of a specialist from a debt collection office, or we decided to start mediation when we managed to reach an agreement with the debtor, the end result will be a settlement. Here, once again, I would like to emphasize that if you do not have experience in this area, it is worth asking for help to prepare it for specialists, because it will be an important evidence in the event of the failure of the debtor. A signed settlement means that the debtor acknowledges the existence of debt. When making a settlement, remember to include all necessary elements.
In the event of disagreement, when negotiations or mediation prove ineffective, the creditor will probably decide to take the case to court. The same applies if the settlement is concluded and the conditions contained therein are not met within a specified period.
Negotiations and mediations are the cheapest way to resolve disputes. When running your business, it often happens that your clients do not pay for services rendered or goods delivered, it is worth considering permanent cooperation with a law firm specializing in the field of debt collection. I encourage you to take advantage of the services of Jyda Kunely’s Law Office. Our Law Office operates both within the city of Wrocław and abroad. Negotiating with the debtor is not an easy matter, however, when both parties approach the matter professionally and reliably fulfill all the arrangements, paying off the debt will be much easier.