The overdue debt collection is at present a huge challenge result of the current economic climate, the need to reduce the risk associated with credit and the need to improve the cash flow of the companies. In fact, the extra-judicial settlement of the shortcomings is not only economically interesting against most debt situations but also, in many circumstances, protect the trade relationship with customers, ensuring their loyalty.
It is called "Third" the lender. The acting in his own name, legal representatives, employees or agents lender, defends their interests. In the case of a debt collection company, devoted exclusively to that activity and has undergone a Credit Assignment Agreement fixed-term, a creditor agent is considered, do so in the interest of others.
Pursuing a contract to provide services, that the purpose of debt recovery, characterized by multiple communications to the implementation of the final outcome, which is to solve the problem. These communications use various means: e-mail, video conferencing, voice mail, fax, SMS, fixed or mobile telephone or in-person meetings.
The contract for the provision of services may have different modes:
Term Contract - contract whereby one party undertakes to practice the other one or more legal acts on behalf of another - article 1157 of the Civil Code;
Deposit Agreement - by which one party delivers to the other thing, movable or immovable, to the store, and will restore when required - article 1185 of the Civil Code;
venture agreement - whereby one party agrees with respect to the other to perform certain work by a price - article 1207 of the Civil Code; Agreement covenant and agency - contract in which the agent undertakes to promote, on behalf of the other party, the contract celebration, autonomously and stably and against payment.
The contract for services is a contract whereby one party undertakes to provide to the other certain result of his intellectual or manual work, with or without pay.
The debt recovery action is aimed at the return or paying claims that are past due or in default, by notification to the debtor, with the aim of settling within a specified period. This operation is extrajudicial and usually made by companies and professionals with experience in collection of outstanding claims. With the increase in bad loans, financial institutions and companies choose to use the credit recovery companies services, to recover the amounts granted and avoid the costs of litigation.
Creditors may in their own name to recover credits through its internal departments or litigation. They can also assign these credits to third parties by entering into a contract.
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