BAD DEBT RECOVERY AN OVERVIEW

Muds Management
3 min readMar 13, 2021
Photo by rupixen.com on Unsplash

Introduction

A payment received after it has been termed as uncollectible is called bad debt recovery. This can occur after a partial payment from a bankruptcy authority or a legal action was taken to recover a receivable or the acquiring of equity in exchange for the cancellation of the receivable, or some other similar situation. It could also arise because an invoice was written off too early before all other possible collections had been explored. It can also come from the borrower’s collateral sale. For example, a lender recollects a car after a borrower has a car loan default in making payment. The lender sells that car and the proceeds from the sale of the car will be examined as bad debt expense recovery. Two methods are available to recognize bad debt expenses. They are the direct write-off method and allowance method.

Recovery process

The recovery process contains various collecting tools which include monitoring and tracking services, legal and pre-legal actions, court proceedings. Different communication actions are composed in pre-legal methods, such as emails, friendly reminder letters, voicemail, fax messages, and emails.

The method is usually accomplished by the 1st party or the 3rd party collection agencies, also the same process can be performed by debt buyers. Agents who collect the debt have a wide range of recovery tools and methods to successfully complete the work.

First-party debt recovery is executed by the creditor’s company and the first-party debt recovery by its internal financial departments and subdivisions. The original lender is the 1st party and the debtor is the 2nd party as per the contract signed between the two of them. Creditors do not pay any extra amount for hiring a collection agency because individuals who are recovering debt are part of the lender’s collection proceedings and the company which includes in their job duty.

A private debt collection agency institutes the 3rd party bad debt recovery process who is hired by the original creditor to act on his behalf. Debt collection includes attaching specialized software, known as API. It allows the Debt Collection Agency to access debtors’ files and provide a facility in the collection process. This process is transparent and allows monitoring of the debt recovery process, so some creditors prefer this process.

Debt buyers invest in default profiles, which are purchased from the original creditor. They pay a portion of the total debt sum to the lender which makes them the new creditor. After this debt recovery process commences. Debt can be collected by the debt buyer himself or he can hire 3rd part DCA to do the job or can resell the profiles to another DCA.

The process also includes additional payments for the bailiff services, collection agency, debt recovery attorneys and solicitors, court actions, etc. DCA’s rate of interest fee can be monitored by the debtor or creditor. The collection depends totally on the collection agency’s policy and the law does not regulate the aspect. But, the commission fee percentage is regulated by law.

Bad default recovery processes can be extended to legal courts also. The debt collection process along with the debtor’s case and profile is transferred to local or nation or court. After this, the subject of debt is to be contacted only by legal court representatives and attorneys.

Bad debt recovery fees

Bad debt recovery constitutes different delinquent payments and loans, derived from old -due to commercial and consumer debts. Bad debts are generally constituted with a loss, which is marked as written-off in the creditor’s system. Debt recovery is marked as an increase in cash flow in a lender’s organization and a positive income. The recovery can be performed by debt buyers or provided by a standard debt collection agency, the moment they become the new debt owners.

Conclusion

Bad debt is also called Uncollectible accounts expense is a monetary amount that is owed by the debtor who is not able to pay because of being bankrupt or other reasons. The reason could be due to a company being in liquidation. There are various other technical definitions because of constituting a bad debt which depends on the regulatory treatment, accounting conventions, and institution provisioning.

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Muds Management

We provide legal consultancy services to corporates and other businesses globally.