Every captain knows that a dwindling ship requires (rather desperately requires) all the resources it can gather from anywhere in order to survive. One such source, which demands immediate attention during bad times, is the un-cleared debts. While somebody else is running after you for their money, you can start running after others for your money.
Recovering Debts: Things to Consider
Recovering debts becomes a crucial concern especially during bad times. There are various means to deal with such situation however while considering any one must appropriately weigh its implications.
Relying on courts for payments is of course a viable means to recover your old debts; however, it must be clearly understood that this is a judicial process and like all such related processes and administrative concerns, it takes its own toll. The time lag in recovering your payments could be huge, the cost involved in resorting to legal proceedings could be high and at the end of the day, the debtor can counterclaim on you.
Don’t panic, am by no means trying to convince you that courts are not a viable means to recover your debts, however a statement of caution is must.
Turning to courts to recover your old, debt is an important warning tool. It can be very extremely employed as a threat to recover your payments. You certainly do not want to get involved in the intricacies if a warning or a notice can do the trick.
So you can start by referring to this mode and latter if required send a notice and try out of court settlement. The faster the better, you anyways do not have time for the lengthy procedures.
However in case required, the entire legal route can be resorted to. A claim is filed against the debtor who is then expected to revert. The claim can also include interest charges on the loan and a suitable mark up on the concerned legal proceedings and their cost. The mentioned interest rate can be categorized under three routes viz. i. The contract explicitly states the interest factor, ii. The claim form allows an 8 % interest rate (but than that is applicable only if you win) or alternatively, statutory interest under the Late Payment of Commercial Debts (interest) Act 1998.
You can apply for fast track or multi track process depending upon the amount recovered. Another thing that must be ascertained before or during the proceedings is your debtor’s capacity to pay. This is an important determinant of the subsequent action. You might like to enforce the judgment.
In case of employed debtor’s, the employer has the right to withhold income on the directions of court.
The time of recovery depends upon the action pursued by the defendant who can continuously chase in for more time. It is therefore suggested to have a close look at all the related eventualities before taking a decision to abide by the court route of retrieving money, especially during stiff times, which demand immediate cash flows.
Alexander Gordon is a writer for http://www.smallbusinessconsulting.com – The Small Business Consulting Community. Sign-up for the free success steps newsletter and get our booklet valued at $24.95 for free as a special bonus. The newsletter provides daily strategies on starting and significantly growing a business.
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