The necessary documentation to be able to claim the collection of a debt

Maybe at the time of making the decision on the initiation or not of a judicial route, we consider the viability in the collection of a debt or if, the justifying documentation with which we have is enough for the filing of a claim amount.

In this article we will analyze what are the guidelines to follow in these cases in addition to the actions to be carried out for the issuance of supporting documentation that makes our claim prosper before the courts.

What is a documented debt?

That debt that is attributed to the documented nature is that which contains supporting elements that can demonstrate that this debt in the first place exists, is in force and that in turn is legitimate.

So that we can affirm that the debt exists, we have to have supporting documentation, that is to say; Documentation that reflects that the amount on which we are filing the claim of the unpaid is completely visible and is shown in breakdown of each and every one of the documents that will be part of our file.

The greater the number of documents and the broader the foundation of the base of our file, the greater the chances that we will have the court to approve our claim and allow us to process our file.

Which are the requirements?

To talk about requirements, first we have to know if our debt has a legal basis to be processed.

For this we can go to our help center to know if our debt can be managed for recovery or not.

However, in general terms we can say that for a debt can be processed, it must be liquid, due and enforceable.

Liquid: Make it a debt of money.

Expired: That the payment deadline established with the debtor has expired and that, therefore, we can demand the recovery of the debt.

Exigible: This is the point that now concerns us since it is the requirement that obliges us to have documentation that supports the legitimacy of our credit balance.

How to carry out the collection of defaulters in old invoices

Understanding the problem

Some companies with unpaid arrears of years ago, have not yet claimed the recovery of these bills and still do not collect these balances in favor and that have not been liquidated to date. The collection of defaulters of old invoices is conditioned by several factors.

It often happens that misinformation in these cases plays a crucial role since assiduously these old defaults are not claimed due in large part to the few expectations of collection of the debt with which the creditor has.

What is an old debt?

When we talk about old debt that this debt in the first place exists, it is in force and that in turn is legitimate. The collection of debt defaulters of this type comes approximately fixed in defaults with an age superior to 5 years.

As of this date, many creditors simply pass on these balances to losses and leave these balances for lost without taking them to claim.

collection of defaulters

We always advise you to carry out the collection procedures of relevant defaulters and oriented to the recovery of these assets since in many occasions, we can obtain a title that allows us to execute and seize assets to our debtor as soon as it has liquidity available or patrimony with which to face the payment of our debt.

Is its collection feasible?

To claim a debt there are a series of basic requirements that allow us before the law to claim the balance owed to us today.

Once we have fulfilled these requirements, our debt can be processed without problems. Initially through the friendly way and later making use of the judicial route if friendly it is not reached an agreement of payment of the debt.

The problem comes when the old debt makes it difficult for us to have an accurate knowledge of the current whereabouts of the debtor or if this is a company, if at present it has a commercial activity or not.

In any case, it is always advisable to try to collect the debt as it may be that although it is not immediately and we take a while, we may in the future have a collection right in our favor through a final court ruling.