Collecting payments for cross-border distribution services can be a complex process, especially when dealing with debtors in different jurisdictions. It requires a strategic approach and a thorough understanding of the recovery system for company funds. In this article, we will explore the three phases of the recovery system and the key takeaways for successfully collecting payments for cross-border distribution services.
Key Takeaways
- Understand the recovery system for company funds
- Consider legal action and attorney involvement when necessary
- Evaluate payment options and recommendations
- Be aware of the costs and fees associated with legal action
- Tailor collection rates based on the age and amount of the accounts
Recovery System for Company Funds
Phase One: Initial Recovery Process
Within the first 24 hours of initiating Phase One, a multi-faceted approach is deployed to secure company funds. Immediate action is taken to send out the first of four letters, and a thorough skip-tracing process begins to pinpoint the most current financial and contact information. Our collectors engage in persistent attempts to reach a resolution through various communication channels, including phone calls, emails, and faxes.
Persistence is key during this phase, with daily attempts to contact debtors spanning from 30 to 60 days. Should these efforts not yield the desired results, the case escalates to Phase Two, involving legal expertise within the debtor’s jurisdiction.
The goal is clear: to recover owed funds swiftly and efficiently, minimizing the need for further legal action.
The initial recovery process is outlined as follows:
- Dispatch of the first debtor notification letter
- Comprehensive skip-tracing to update debtor information
- Daily communication attempts by collectors
Failure to secure payment after exhaustive efforts leads to the consideration of more stringent measures.
Phase Two: Legal Action and Attorney Involvement
When internal recovery efforts falter, the baton is passed to legal professionals. Attorneys step in, brandishing the weight of the law. Their arsenal includes demand letters on legal letterhead and persistent phone calls, aiming to elicit payment through the gravity of legal action.
Litigation looms as a tangible threat. Should negotiations crumble, the path to the courtroom is paved with upfront costs. These range from $600 to $700, typically dictated by the debtor’s jurisdiction. A lawsuit seeks not only the principal amount but also the costs incurred to initiate legal proceedings.
The decision to litigate is pivotal. It’s a balance of potential gain against upfront investment and the risk of non-recovery.
The fee structure is clear-cut, with percentages scaling based on the age of the account, the amount owed, and the number of claims. For instance:
- Accounts under 1 year: 30% (1-9 claims) or 27% (10+ claims) of the amount collected.
- Accounts over 1 year: 40% (1-9 claims) or 35% (10+ claims) of the amount collected.
- Accounts under $1000.00: 50% of the amount collected, regardless of the number of claims.
Should the pursuit through litigation falter, the case concludes, and no further fees are owed to the firm or the attorney. This outcome underscores the importance of a calculated approach to cross-border distribution service payments.
Phase Three: Recommendations and Payment Options
Upon reaching Phase Three, the path forward hinges on the feasibility of fund recovery. If prospects are dim, closure is advised, incurring no fees. Conversely, litigation, should you choose it, necessitates upfront legal costs, typically $600-$700. These cover court expenses and filing fees, with our attorney initiating the lawsuit for all due monies.
Our fee structure is straightforward and competitive, based on claim volume and age. Here’s a quick breakdown:
| Claims Submitted | Accounts < 1 Year | Accounts > 1 Year | Accounts < $1000 | Attorney Placed |
|---|---|---|---|---|
| 1-9 | 30% | 40% | 50% | 50% |
| 10+ | 27% | 35% | 40% | 50% |
Deciding against legal action? You can withdraw the claim at no cost, or opt for continued standard collection efforts—calls, emails, faxes.
Remember, our goal is to streamline the recovery process while maximizing your returns. Weigh your options carefully, considering the debtors’ assets and the case specifics. Your decision will shape the final approach to reclaiming your funds.
Frequently Asked Questions
What happens if the recovery of company funds is not likely?
If, after a thorough investigation of the facts surrounding the case and of the debtor’s assets, it is determined that the possibility of recovery is not likely, the recommendation will be to close the case. In this scenario, there will be no obligation to owe anything to the firm or the affiliated attorney for these results.
What are the options if litigation is recommended?
If litigation is recommended, there are two options. The first option is to proceed with legal action, which requires payment of upfront legal costs such as court costs and filing fees. The second option is to choose not to proceed with legal action, in which case there will be no obligation to owe anything to the firm or the affiliated attorney.
What are the rates for collection services?
DCI provides competitive collection rates tailored to the number of claims submitted within the first week of placing the first account. The rates vary based on the age and amount of the accounts, as well as whether the accounts are placed with an attorney.
What happens during Phase One of the Recovery System?
Phase One involves sending letters to the debtor, skip-tracing and investigating to obtain financial and contact information, and attempting to contact the debtor for resolution. If all attempts to resolve the account fail, the case is forwarded to one of the affiliated attorneys within the debtor’s jurisdiction.
What is the process during Phase Two of the Recovery System?
During Phase Two, the case is sent to a local attorney within the network, who will draft letters to the debtor and attempt to contact the debtor via telephone. If all attempts to reach a conclusion to the account fail, a letter will be sent explaining the issues surrounding the case and the recommended next steps.
What are the options if the recovery of company funds is not likely?
If, after a thorough investigation of the facts surrounding the case and of the debtor’s assets, it is determined that the possibility of recovery is not likely, the recommendation will be to close the case. In this scenario, there will be no obligation to owe anything to the firm or the affiliated attorney for these results.