Enforcement & Recovery
Recovering company receivables: from proving the debt to enforcement
Managing the recovery of company receivables from demand and negotiation to claim and enforcement, with assessment of instruments and documents and choice of the best legal path.
Recovering company receivables: from proving the debt to enforcement
Effective recovery does not begin by sending a standard notice. It begins by understanding the source of the debt, the quality of the proof, the debtor's position, the value of the commercial relationship, and the assets or cash flows that may be available. Only then can the path be chosen: a direct demand, negotiation, a claim, or enforcement if the creditor holds a suitable instrument.
Examining the claim
We review the contract or purchase order, the invoices, delivery or completion, the correspondence, account statements, transfers, admissions, security and any earlier objections from the debtor.
Demand and negotiation
Where negotiation is worthwhile, we use a legal demand to open a serious path, not to repeat invoices, and we review any rescheduling offer from the angle of security and enforceability.
The claim
If the debt is disputed or there is no direct enforceable instrument, we prepare the claim or the suitable path, concentrating on proving entitlement and meeting the expected defences.
Enforcement
Where there is an enforceable instrument or an enforceable judgment, we move to a separate file whose aim is actual recovery: we review the debtor's details, the relevant security and earlier steps, then follow the steps the law makes available.
A portfolio of company debts
For companies with many claims, we can build a classification system: files ready, files needing documents completed, negotiation, claim and enforcement, showing the recoverable value and the next stage for each file.
Next step
To begin, a statement of claims showing the debtor's name, the principal, the amount, the due date and the last step taken is enough, and we then identify which files deserve action first.
Mistakes we see most often in this kind of matter
Delaying the demand. Time weakens evidence and may extinguish the right; documentation is best begun at the first late payment.
A demand without clear proof of the debt. A debt not proved by a document or an authenticated message is hard to collect however valid it is.
Relying on oral deadlines. Unrecorded promises to pay are not an admission you can build on.
Enforcing without mapping assets. A judgment without knowing the debtor's assets may not produce actual recovery.
How the work runs
- 01
Documenting the debt and checking the instrument. We review the documents and identify what can be proved and the source of the obligation.
- 02
Notice and amicable demand. We send a written demand that opens the door to settlement or establishes formal notice.
- 03
The legal procedure. If settlement fails, we choose the procedure that suits the nature of the instrument.
- 04
Enforcement. We follow enforcement against the debtor's assets until recovery is achieved.
- 05
Payment settlement. When a rescheduling is agreed, we secure it so it can be enforced if it fails.
What we need to start
You do not need every document before you contact us, but having the following shortens the first assessment:
- The contract and its annexes
- Invoices and delivery receipts
- Correspondence
- The account statement
- Cheques or commercial paper
- Any admission of the debt
Frequently asked questions
Can a debt be recovered without a claim?
Sometimes through an amicable demand and settlement; otherwise through the appropriate legal procedure.
What are the strongest documents to prove a debt?
A clear instrument showing the amount and date, then invoices and correspondence supported by an admission.
Do you follow enforcement after judgment?
Yes, enforcement is part of the work and not a separate step.
Read also
The information on this page is general and is not a legal opinion on a specific matter; the answer depends on the facts and on the law in force at the time.