Amicable collection
A collection company's mission is to assist companies when all internal reminder procedures have been unsuccessful.
The collection company will thus adapt its action to the steps that have already been taken internally by its client. It will follow up with written reminders by e-mail, mail or SMS and telephone contacts. The written reminder can be a "formal notice". It is necessary to officially establish the position of the collection company and its quality of agent of its client for the recovery of its debt.
At LegalCity, our reminders are systematically amicable and courteous and their main goal is to preserve the customer relationship. The procedure is extremely fast: 3 very simple steps, 5 minutes are enough to entrust us with unpaid invoices. Once entrusted, our team launches the collection procedure with your debtor and you get your money back effortlessly with a success rate of nearly 80%. Click here to find out more.
The different types of dunning for amicable collection :
- The telephone reminder
- The reminder by simple mail
- The reminder by registered mail
- E-mail reminder
- SMS reminder
To honor its mandate, the collection company must first establish the reality of the debt.
The claim must be certain, liquid and due.
This threefold characteristic of a claim does not appear in an article of the civil code or any other code or law. It derives from a legal principle that is constantly applied in the case law of the Court of Cassation, which recalls this principle in the text of its judgments when it rules on an appeal concerning a claim, for example.
The claim must be certain
In accordance with article 1315 of the Civil Code, it is the creditor's responsibility to prove the certainty of the claim he is invoking, and to show that it is incontestable.
"A person who claims the performance of an obligation must prove it. Conversely, one who claims to be discharged must justify the payment or the fact which produced the extinction of his obligation."
The claim must be liquid
The amount of the claim must be able to be assessed in monetary terms. In addition, the creditor must take into account any payments already made by the debtor when calculating the amount of the claim.
The debt must be due and payable
The claim must be due, i.e. the deadline for payment, as stipulated in the contract, has passed.
The creditor cannot proceed with the collection of a claim that is subject to a time limit or to a condition precedent. A debt that is time-barred (i.e., foreclosed) is obviously no longer due and payable.
