Jan 18, 2024
When companies expand their operations globally, managing commercial debts becomes critical for maintaining financial stability.
Commercial debt arises because of business-to-business transactions, representing one of the fundamental aspects of the global economy. Whether it involves the sale of goods, provision of services, or other contractual obligations, businesses regularly deal with the challenge of recovering the owed money from entities in different countries and jurisdictions.
This article will focus on global commercial debt and explain the complexities surrounding the international recovery of outstanding payments. We will explore the essential components defining global commercial debt collection, its key players, and the methodologies in navigating the legal frameworks that govern these processes.
As a business grows, it is inevitable that it will begin partnering with organisations outside its home country. Collecting debts from clients that reside in your business's country is already a difficult task that involves legal action, global debt collection firms, and debt collecting laws specific to that country. For example, business debt collection laws in the UK may differ from those of the USA or Poland.
When dealing with cross-border debt collection, there is a new world of laws, legal action, and processes to be knowledgeable of to ensure your business is paid what it is owed. Before just hiring a global business debt collection agency to do the heavy lifting for you, it is crucial to understand the nuance of international debt collection.
Having a well-rounded knowledge of possible actions and how a company could collect an outstanding debt is the first step in ensuring your business does not lose out on crucial revenues. In this article, we will discuss what global debt collection is, how global debt collection differs from country to country, and how a global debt collection agency can benefit your debt-collecting processes.
It is important to note that consumer debt collection differs from commercial debt collection. Regulations for consumer debt collection tend to be regulated to protect the rights of individuals. For example, commercial debt collection is not regulated in many countries, including the United Kingdom.
Global debt collection is when a collection agency or company actively tries to collect debts from debtors across international borders. Debtors can come from a variety of forms in business. Some debtors can be long-time clients who have usually paid their bills on time but have recently hit hard financial times or are waiting for a pending investment round. Other debtors could be one-time customers who never got around to paying their debt to your business, have a dispute with your business, or deliberately avoid paying to save money.
In the past, global debt collection was a complex process dreaded by companies that were owed money. Without the internet, companies would be left having to send international letters that took days to arrive or having to rely on faxes. Now, with the use of expert debt collection agencies and the rise of the internet, global debt collection can be seamlessly integrated into your business using all manner of digital solutions as a necessary process.
Regarding global debt collection, the agreement's jurisdiction is the key factor that regulates the collection. The debtor's current residence would only affect the enforcement of a judgement obtained through legal action in the contract's stated location of the jurisdiction. Simply put, the debt recovery legal actions are defined by the agreement's jurisdiction, while the enforcement of any legal judgement stems from the debtor's geographic location. So jurisdiction is "king" and always the most important factor to consider. For example, The Republic of Ireland's commercial debt collection laws can enable a foreign creditor to domesticate their foreign judgement with the courts of Ireland, thus enabling foreign judgements to be enforced locally in Ireland.
However, some countries in other parts of the world, such as Cambodia or UAE, would not respect the judgement of an outside jurisdiction, so it's harder to have a judgement that was awarded by a non-Cambodian (or non-UAE) court enforced in those places, it would only be considered as "evidence" with a new legal proceeding required to start from the beginning.
Although these are just two countries, it is crucial for you or your hired collection agent to understand the nuance of global debt collection. Collecting from debtors in a country such as The United States has different laws in every 52 states. So, it's wise to check the local laws in the debtor state to understand how best to enforce the judgement.
The phrase "time is money" is not just a cliche for successful business operations. When accounts receivables begin to rack up, but operations must remain full steam ahead, many business owners will look to global debt collection agencies to recover their unpaid commercial debts. Developing a relationship with a global debt collection agency will have numerous benefits for businesses.
Whether it is improved cash flow, streamlining processes or managing workloads, utilising professional global debt collection agencies will provide ease of mind knowing your unresolved debt is in the hands of an expert and likely save you time and money.
Global debt collection is a significant part of day-to-day business operations, and the importance of global debt collection spikes when a business cannot collect a debt after an organisation has exhausted its efforts.
Rather than wait for a client to continuously avoid paying their debt well after the invoice is due and potentially leave their business financially vulnerable, business owners should opt to bring in a global debt collection agency as soon as a concern arises. There are a few things to look for when hiring a global collection agency for cross-border debts, so make sure the agency you find is the best fit for your business.
Rather than spend their valuable time and resources chasing a debtor from overseas, companies can streamline their global debt collection and delegate a daunting task to a global debt collection company.
Global debt collection agencies can be a crucial asset to the financial health of a business as they can chase and collect your monthly owed invoices to save your business and its employees time, working capital, and resources, all while optimising accounts receivable. If an organisation allows debts to remain unpaid for long periods or multiple clients, it can lose crucial revenues, affecting the business's profitability and financial stability.
Many global debt collection agencies will look to create a plan for global debt collection based on both the client's nuance and the business's needs. An example of a debt recovery plan is a 30-day Chase Campaign of daily calls and emails to debtors, backed by deep knowledge and experience of global commercial debt collection processes. Legal collection is issuing legal proceedings against debtors in any jurisdiction worldwide.
Global debt collection companies can also procure appraisals of your debt through top law firms in any global jurisdiction. Free assessment, legal steps, and transparent costs, all approved by your business, can be arranged by collection agencies to successfully and efficiently manage claims on your business's behalf.
Having a global debt collection agency guide you through the overseas debt collection process can be particularly helpful when addressing which court will handle the legal case when parties are located in different countries.
For example, if a debtor is located in the USA, but the creditor and debt collection agency are located in London, then the jurisdiction of the claim will be in English courts. When the creditor and debt collection agency communicate with the debtor in the USA, the discussion about legal proceedings will all be focused on the courts of England.
Read more about how jurisdiction affects cross-border claims for UK companies owed money in the EU. For EU companies, please find information about how to make claims within the EU.
Using a global debt collection agency has various advantages and benefits for your business. Suppose your organisation is pursuing a debt recovery without using a global debt collection agency experienced in the legal collection. In that case, knowing how to issue legal proceedings on the debtor is more difficult. When hiring an experienced agency, they will likely have dealt with hundreds of similar cases worldwide, saving you time and money.
Once all other options have been exhausted, and the debtor either cannot be reached by the agency or is unwilling to pay the debt it owes, the next step in the collection process is to contact a law firm that will onboard you as their client. The case is then taken to court, enabling a judicial ruling. This ruling will be binding, and the debtor will face a court-issued judgement against the company, which may be visible to existing or prospective clients and could impact their business.
Once the judgement has been awarded, collection agencies can then take action to enable enforcement of the ruling in the debtor's home country. However, it is important to note that legal proceedings, enforcement, and judicial rulings can differ from country to country and are based on the jurisdiction of the agreement between the creditor and the debtor.
Utilising global debt collection agencies is also helpful in ensuring that all actions taken to recover a debt are ethical and legal. When you started your business, you unlikely became an expert on global debt collection. With the help of a global debt collector, you can better understand the legality of any actions and strategies for recovering unpaid debts.
Any business that operates across international borders understands the importance of accounts receivable management and global debt collection. Whether a long-time client or a first-time buyer, no company should be complacent when payments have long past their due date.
Global debt collection agencies play an essential role in recovering funds for companies that trade worldwide. The service is valuable when companies are not fully aware of their rights and find themselves trying to navigate a tricky situation, especially when the debtor is no longer in contact. Contracting with a global debt collection agency to recover outstanding invoices can help reduce the risk of not recovering debt and support any future legal recovery actions required to ensure the owed amount is finally paid.
Author: Giles Goodman, Founder CEO of Payfor Limited
Drawing from his solid experience in commercial debt collection, Giles
offers invaluable expertise in solving claims owed between companies worldwide. Through his writing,
Giles shares insights tailored to business owners, leveraging his wealth of experience to provide practical
guidance and support.
This blog post is intended for informational purposes only and should not be construed as legal advice. The information provided in this post is based on general principles and may not apply to specific legal situations. Laws and regulations vary by jurisdiction and can change over time. Readers are advised to seek professional legal counsel before making any decisions based on the information provided in this blog post. Payfor Ltd is not a law firm and does not provide legal services. The company disclaims any liability for actions taken based on the contents of this blog post.
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