What is the “judicial department” of a bank? Pre-trial department Pre-trial department support process com.

Each of us may be faced with a situation where the debtor refuses to fulfill his obligations and repay the debt, interest and commission for the use of financial resources - regardless of whether you are the director of a large enterprise or bank, an individual entrepreneur or an ordinary citizen who lent money to his to a friend. Most business entities and ordinary people believe that they can repay the debt on their own without going to court, however, the lack of proper legal literacy can delay the process for months or make recovery of the declared amount from the debtor completely impossible.

AlfaGroup Legal Holding will help its clients repay their debt without going to court in the shortest possible time.

Pre-trial debt collection

Only professionals can collect a debt without taking the matter to court: those who have extensive experience working with debtors. "Debt Bureau" has developed a significant practice of debt collection, and can guarantee the speed and high efficiency of its work.

Based on the results of pre-trial debt collection work, and upon reaching mutual understanding with the debtor, we will draw up a schedule for repaying the legal entity’s debt that is convenient for you, and will monitor payments.

We work without prepayment.

Pre-trial collection

Soft Collection is the initial stage of working with overdue debt, including the procedure for conducting remote contacts with the debtor aimed at repaying the debt (telephone conversations, sending SMS notifications, claim letters notifying about the existence of debt).

Hard Collection is the second stage of working with problem debt, following the Soft Collection stage, including a procedure for closer contacts with the debtor aimed at repaying the debt, including:

the possibility of a quick return of money - the trial procedure is associated with compliance with procedural deadlines, which entails significant time costs; in addition, during the trial, the debtor may take actions aimed at deliberately delaying the process; during the trial, unsuccessful business activities may lead to the debtor's insolvency at the time of the court decision; during the trial, the debtor may deliberately take measures to withdraw money and property, which will significantly complicate the execution of the court decision;

As practice shows, most debts can be collected precisely at the stage of pre-trial collection.

Tasks and tools for debt collection at the stage of pre-trial (out-of-court) proceedings

A prompt response by an organization to a debt problem that has arisen is only possible if it has a well-tuned system for monitoring the occurrence of arrears (this moment is called “entry” into the process). Traditionally, the first to learn about a delay is the service that controls the receipt of funds to the current account in accordance with the agreement - the accounting department or the financial control department. If the delay takes the form of non-provision of a service or non-delivery of goods, then another authorized department, in particular the purchasing department and the production department, will probably be the first to know about it.

How to create a debt collection machine

The next step after setting goals is to determine the technology for debt collection, which implies a certain sequence of actions performed, as well as the availability of the necessary methods and forms of documents for this. In the absence of technology, work on debt collection turns into “shamanism”, when no one can really say what exactly needs to be done to collect this or that receivable.

Our services

Under agency agreements, we work for a commission from the amount of funds collected (from 10% to 40%. depending on the length of the delay and the type of security) or at a tariff (depending on the average market labor costs for a specific service).

The main task of the Call Center is to collect overdue debts at the stage of pre-trial settlement by conducting telephone calls.

Pre-trial collection department

One very well-known Russian bank apparently decided to give me a pre-New Year surprise and billed me for 4,000 rubles for a debit card allegedly issued to me 3 years ago, to which various services were connected, such as SMS notifications and others. For which these 4000 have accumulated over the past three years. The card was opened as a salary card. At the same time, I live in the Volgograd region, and the company where I allegedly worked was in Moscow.

Pre-trial Collections Department

The principle of operation of the national collection service (NSV), official website

Why does a claim for overdue debt often fail?

The claim not only serves as a reminder to the counterparty of the need to pay the debt, but also helps to find out what the debtor disagrees with and what is the reason for non-payment.

All this is possible provided that the claim is drawn up correctly.

Very often, due to an unclear statement by the creditor of his demands, due to the lack of correctly formulated warnings and threats, the claim does not work and the debtor simply ignores it. That is why we recommend entrusting the preparation of a claim to experienced specialists.

When should a claim be submitted to a counterparty?

Typically, claims work is carried out within the first month after the debt arises. However, each lender handles it differently.

Some send a purely formal claim, made according to some sample from the Internet. Others do not restrain themselves from emotions and threats against the counterparty and instead of their money they end up in problems with law enforcement agencies.

We propose to conduct claims work systematically - by gradually increasing pressure on the debtor. It will allow you to receive your money, while maintaining partnerships with counterparties that are valuable to you.

How do our specialists handle claims?

Our method of gradually increasing pressure involves sending claims to the debtor in three stages:

I
stage Informing the counterparty about the existence of debt. Warning about possible sanctions on your part. When drawing up a claim, relatively mild formulations are used.

II
stage Delay is recorded and a penalty is charged. Proposals for debt settlement are being formed. Warning of more severe penalties.

III
stage It is made clear to the counterparty that he is “crossing the line.” The amounts that will be charged additionally are indicated. A warning about filing a claim in court, as well as about the possible seizure of property and other measures.

Advantages of handling claims by our specialists:

On one's own developed methodology for increasing pressure, taking into account different types of debtors

170170 trained claims for the last year

Practice of handling claims by our specialists

The debtor did not respond to our first complaint. We contacted the Company so that they could help us prepare a statement of claim in court. But experts, having assessed the debtor, said that they could try to file a second claim, since court is a rather long and expensive undertaking. They themselves prepared a reasoned and convincing claim, warned the debtor about the penalty and about paying for legal services. After some time, the debt was completely repaid. We are glad that we managed to avoid the trial.

I have been using the Company's services for a long time. So this time, I entrusted them with collecting the debt from one of my counterparties. The result didn’t take long to arrive - after two complaints (about two weeks passed), money arrived in my account. At the same time, I have maintained a business relationship with the counterparty and continue to work with him. I really like that the Company’s employees not only collect debts, but also strive not to destroy those business connections that are so difficult to build in our time.

We were owed 500 thousand rubles. and, apparently, due to the fact that the amount was not very large, the counterparty was in no hurry to pay it off. After our first claim, which we made ourselves, there was no reaction from the debtor. After the second claim, which the Company’s employees had already prepared, the counterparty “stirred”, called, and promised to pay. After the promised period had passed, the Company’s specialists sent him a third claim, in which instead of 500 thousand rubles, they presented 800 thousand rubles, taking into account penalties, legal fees and other things. Just a couple of days later, the counterparty, realizing that the matter had taken a serious turn, paid us in full. Great job.

Cost of claims management services

The cost of services for handling claims is from 10 thousand rubles.

Sincerely, Ivan Rykov.

Not long ago, Russians learned that banking organizations began to apply a new debt collection scheme. Due to the innovations that were supposed to come into force with the onset of 2017, panic arose in society.

We'll tell you how the pre-trial debt collection process works, who should be afraid and what to expect in the near future.

What does the new simplified diagram look like?

Banking organizations began to use new debt collection scheme from your clients.

To do this, now bank representatives do not need to go to court and “knock out” debts by decision of the authorities, but only come with documents to a notary and get his signature.

Known that bank representatives will not, and cannot, change loan agreements previously concluded with individuals, because there are no legal rights to do this.

To simplify the work flow, it is now enough for the bank representative to take order with a writ of execution from a lawyer.

The document will confirm that he can, without a court decision, contact the bailiff service, who will handle the return of funds to the organization.

Who will be affected by the new debt collection procedure?

Of course, not all individuals will be involved in this process, but only those who have:

1. Debt to a banking organization for a period of at least 2 months.
2. A new type of agreement, which contains a line on the pre-trial procedure for debt collection.

   Please note that the old agreements did not have such a clause. The line in the new documents could have been added in the summer of 2016, when the bill was adopted.

According to the innovations, a bank representative must prepare documents, confirming that the client is a debtor and has not fulfilled his obligations for 2 months.

In addition, the specialist must notify the client in advance, approximately 2 weeks in advance that he will be forced to contact a notary.

They will also take into account whether the client has an additional agreement with the bank.

There is another option for the development of events. According to Alexey Barikhin, a lawyer at the Association of Public Organizations "Civil Control", a citizen has every right to go to court and file a statement of claim with his demands against the creditor.

However, the best option is to negotiate with the bank and come to a compromise solution on debt payments.

Advantages and disadvantages of pre-trial debt collection – what is the opinion of experts?

Basically, the benefits of the innovation will concern banking organizations.

Let's list what good will come from the pre-trial debt collection procedure:

1. The main advantage is that the procedure and collection scheme will be simplified.
2. The speed of return of funds to the organization will increase.
3. The costs of banks that were spent on court resolution of cases will decrease. Contacting a notary will cost less.

According to Yulia Tarasova, Deputy Director of the Department of Troubled Assets at VTB 24, the costs of banking organizations will decrease significantly. This will happen because the state fee for a lawyer’s services will be lower than the amount for going to court.

But the disadvantages of the innovation will affect borrowers-debtors and collection agencies:

1. They will contact collectors less often, since the bank will directly cooperate with bailiffs, and it will not matter whether there is a court decision or not.
2. There will be less work for collection agencies, which means a reduction in the number of companies cannot be avoided.

   Debt Collection Department

   And in general, according to the general director of the Collection Development Center, Dmitry Zhdanikhin, the pre-trial collection procedure means a reduction in the market.

3. Borrowers-debtors will not be able to establish relationships with the bank and enter into negotiations.
4. Clients of organizations will have to defend their rights through the courts. This is exactly how Dmitry Yanin, chairman of the board of the International Confederation of Buying Societies, put it. He believes that it will now become impossible for citizens to come to an agreement with the bank without third parties and organizations about possible debt payments.

Perhaps we can say unequivocally that the adopted bill was adopted for the benefit only of banking organizations.

It is worth noting that it will not be changed and will operate in full since the beginning of 2017.

Information disclosure PRIME is an agency authorized by the financial service of the Bank of Russia to disclose information by issuers of securities. Authorization

MOSCOW, November 21 – PRIME. Some Russian banks have begun to use a simplified procedure for collecting debts from individuals, Kommersant writes.

Pre-trial recovery procedure. How does this happen

In order to use the opportunity to collect a debt before court, credit organizations include a clause in the loan agreement stating that the debt can be collected with a notary’s writ of execution.

Of the 10 largest banks by volume of loans to individuals, seven told the newspaper that they had either already begun or were about to begin introducing into the loan agreement a clause on the possible collection of overdue payments on retail loans based on the writ of execution by the natary.

Russian Standard, Raiffeisenbank, and HKF-Bank have included such a clause in their lending agreements since October of this year.

Sberbank, VTB, VTB24 and Rosbank are only planning to start this practice - from January next year.

The publication also writes that this method of returning money on retail loans by the bank increases the speed of debt repayment. At the same time, this can become a problem for borrowers.

In turn, human rights activists interviewed by Kommersant point out that borrowers are losing the opportunity to enter into negotiations with the bank and somehow defend their rights.

“Borrowers will not even have the opportunity to enter into negotiations, defend their rights, their debts will be collected automatically”

Dmitry Yanin, Chairman of the Board of the International Confederation of Consumer Societies, said.

Let us recall that in June the State Duma adopted a bill that makes it possible to apply a simplified procedure for collecting debts from Russian banks to banks.

Our lawyers

The most optimal solution for any controversial and conflict situation can be called pre-trial dispute resolution. The principles of mutual consent, concessions and cooperation of the parties become fundamental in this case. The dispute is resolved on its own, without going to court. Thanks to the help of organizations such as pre-trial conflict resolution service in Moscow, it will be possible to act competently and carefully.

In such a process, it is important that the results must be documented in writing. This cannot be done without knowledge of law enforcement practice and the laws themselves.

Pre-trial conflict resolution service in Moscow. Process Features

Typically, settlement in such situations takes place:

1. Using mediation
2. In a claim form
3. Through negotiations between the parties, concluding a settlement agreement in the future

Sometimes such resolution of issues may become not so much a right as an obligation of each party. For example, a claim procedure for resolving a conflict is mandatory in any situation. This behavior is required by the Law itself, and sometimes it becomes an important condition arising from the agreement that the parties signed earlier. Courts may even refuse to consider a claim if this requirement is not met by one of the participants.

Pre-trial conflict resolution service in Moscow. Additional Information

So far, individual services specializing in permitting in this particular way are a rarity for our country. A little over a year ago, we generally introduced a mediation service, which becomes the basis for such activities. Due to some features of the legislation of the Russian Federation, both persons with special education and individual entrepreneurs without it can provide services in this direction.

The mediation procedure itself applies to any civil disputes. The only exceptions are situations when the interests of other persons who do not take part in the procedure are affected. Or if the interests of society are affected. The settlement procedure becomes especially important when resolving situations with road accidents.

Here it is important to involve not only the perpetrators and victims, law enforcement agencies, but also insurance companies. In our office, any client will receive full legal support in any situation. And competent advice on your issues. Difficulty doesn't matter to us.

Pre-trial conflict resolution. How does it go?

Conflicting parties often go to court to resolve a particular issue. But in this case, the decision may be delayed. Sometimes there is no benefit to either party in this. It cannot be done without financial costs. That’s why many people prefer to use a system called pre-trial conflict resolution. Thanks to this, it is always possible to reach a peace agreement, the terms of which would suit absolutely everyone.

This kind of work is also called claims work. And it differs from ordinary disputes in that the process involves a party that is in no way interested in the result. Several options for solving the problem must be developed and negotiations held. Everyone is trying to ensure that the interests of each participant are taken into account.

In what cases is pre-trial conflict resolution possible?

Without involving a court, you can, in principle, sort out any situation, no matter how complicated it may seem. The main thing is to take care of concluding an appropriate agreement in advance. Only in some situations the pre-trial procedure is mandatory and is applied regardless of the decision of the parties.

The procedure is carried out even if one of the parties gives a clear refusal. It is beneficial to involve lawyers with a sufficiently high level of qualifications in this process. Then the chances of success will be much greater.

What is the Department of Pre-trial Collection?

In addition, specialists will make sure that all claims and arguments are heard. And there will not be too much influence from emotions.

Usually, in any situation, this solution to the problem is the most profitable option. Proceedings in court can take several months, or even several years.

The parties can not only come to a common agreement, but also help maintain partnerships. Our office employs lawyers who will do everything possible to resolve each individual issue. The complexity of the situation does not matter. And the costs at this moment are much less than when going to court or other government bodies. First, a thorough analysis must be carried out, allowing not only to look at the current situation from the outside, but also to immediately identify possible solutions. At the same time, the conflict is also assessed from a legal point of view, which is sometimes especially important. After this, the pre-trial and judicial prospects for solving the problem are assessed.

1. Peaceful negotiations with the debtor. Before you start an aggressive fight for your money, try to talk to the debtor if he makes contact with you. Perhaps he is simply having temporary difficulties, overcoming which he will be able to repay his debt to you. In addition, if, for example, it is necessary to repay a debt under a loan agreement, then there is a chance to agree with the debtor on a deferred payment of the debt or an installment plan, but under the condition of paying additional interest. If the debtor agrees, then it will be necessary to either conclude an additional agreement or make additions to the existing agreement.
2. Resale of debt by assigning the right to claim the debt to third parties (usually debts are bought by collection agencies whose activities are aimed at collecting money from the debtor). In such a situation, an assignment agreement is concluded between the creditor and the agency (an agreement on the assignment of powers to claim a debt), according to which all the rights and obligations of the creditor or lender are transferred to a third party, i.e. agency. But according to the law, the assignment of rights can also be carried out free of charge.
3. When concluding a loan agreement between citizens, the creditor, if the debt is not repaid, can contact the police department, which will conduct an appropriate investigation. A criminal case will be opened against the debtor only when the police discover signs of a crime such as fraud or deliberate theft of money. But even if the case is denied, you will have indisputable evidence that you are really fighting to get your money back.

   Pre-trial collection process in 2017

   Such evidence is valuable in court.

Debt recovery through court

The application can be submitted either in your city or at the defendant’s place of residence. But lawyers advise repaying the debt through a court on its territory, since, for example, if the defendant is a large organization, then perhaps its employees often visit their court and have connections and some influence there.

The claim must be made in writing. Such a statement must include:

1. Court details (name, address).
2. Details of the plaintiff (who is suing) and the defendant (who is being sued): full name, address, contact phone number.
3. The essence of the matter (it is necessary to write in detail and step by step the development of the relationship between the borrower and the lender).
4. Information on how the conflict resolution progressed at the stage of pre-trial regulation.
5. Links to regulations.
6. Cost of the claim (based on the total amount of debt, interest and damages).
7. Attachments: documents without which the court will not accept the case for its proceedings.

Our portal's lawyers will help you file a claim to collect your debt.

Collection based on a writ of execution

After the court makes a positive decision in your favor and it comes into force, you will be issued a writ of execution, on the basis of which the forced collection of your debt will be carried out. This document must be brought to the bailiff at your place of residence. Having received it and studied all the materials, the bailiff initiates enforcement proceedings and begins his actions to return your money. You can read more about the procedure for collecting debt under writs of execution in another of our articles.

The child(ren) are dependent on me, spouse
does not provide financial assistance for its maintenance (al, ala).
The spouse (s) of the other child (children) does not have deductions for
execution documents are not made from him (her).
In accordance with Art. Art.

Applications:
1. A copy of the statement of claim.
2. A copy of the marriage certificate (certificate of
divorce, if the marriage is dissolved).
3. A copy of the birth certificate of the child (children).
4.

Certificate from the place of work of the person obligated to pay alimony, about
salary amount and deductions.
5.

so that transactions can be checked for legality and transparency in the past? And if they are present, should they file an application to the court to terminate the transactions?

And also check close relatives? I divorced my ex-husband in 1999, at that time our common daughter was 7 years old. After the divorce, he paid alimony for his daughter for 1.5-2 years, after which he began to evade paying alimony.

Judicial Collection Department

4.4. The person accompanying the execution checks the content and timeliness of the bailiff sending to state bodies, local government bodies and organizations inquiries about the debtor’s property status and relevant resolutions. Requests and orders of the bailiff must not contain errors and typos; their number and content must correspond to the purposes of fulfilling the requirements contained in the executive document.

If the debtor refuses to comply with the court decision, the bailiff explains to him what measures will be taken to collect the debt from him. Firstly, the bank will immediately demand that the bailiff impose a restriction on the defaulter’s travel abroad. In addition, the amount of the debt can be forcibly withheld from the debtor’s wages or collected through the seizure and sale of his property (if he does not work anywhere).

According to data from the FSSP Moscow office, about 4.5 thousand were opened in 2012.

Good afternoon Please tell me what to do. a year ago I received a letter from the collection agency CreditExpress-R on the topic that Russian Standard Bank assigned all rights under the loan to them and I must return the money to them, the loan was taken out to buy a computer, the situation is confusing because

The loan was supposed to be repaid by the company, but it didn’t pay and the loan was issued in 2006. The bank never called me and I wasn’t worried. And here comes this letter of happiness, I write them a letter in response with a notification asking them to send me a set of properly executed documents on the assignment of rights.

And now, a year later, I receive a letter from the FSSV - Financial Service of Judicial Collection, the subject of the letter is a notice of filing a lawsuit. What kind of office is this and should I go to court? The amount of debt is 49,164.98 rubles. but there is no decryption.

Dear Veronica! The financial service of judicial collection is apparently the same collection agency as CreditExpress-R. As for the limitation period for these claims, it is 3 years, but is calculated not from the moment the loan was issued to you, but for each payment that you had to make to repay the loan separately. those.

Changes in the law - On enforcement proceedings and the status of bailiffs

Thus, since 2019, the overwhelming volume of enforcement documents is accepted for execution only by private bailiffs.

Also, starting from 2019, private bailiffs must provide the population with guaranteed state legal assistance for the collection of alimony, wages, pensions and benefits (clause 1 of Article 103-1 of the Law). The competence of state bailiffs has been established; state bailiffs can accept writs of execution for production in the following cases: paragraph 1 of Article 138 of the Law establishes that all writs of execution provided for by this Law are accepted for execution by a private bailiff, with the exception of writs of execution on: 2) recovery from a legal entity, fifty or more percent of voting shares (stakes in the authorized capital) of which belong to the state and legal entities affiliated with it; According to paragraph 27 of the Plan

“100 concrete steps to implement five institutional reforms”

, President of Kazakhstan Nursultan Nazarbayev gave instructions to ensure the further development of the institution of private bailiffs and to carry out a phased reduction in the public service of bailiffs. In this regard, the Law of the Republic of Kazakhstan

“On enforcement proceedings and the status of bailiffs”

(hereinafter referred to as the Law) amendments have been made.

In order to attract the defaulter to pay, it is necessary to apply to the judicial authorities statement of claim for the recovery of alimony penalties. State

For alimony payers (in this case, non-payers) it is also possible to challenge in court the amount of the penalty and the payment of alimony in general.

Lawyers of the Forensic Expertise Department They will competently draw up a statement of claim for the recovery of alimony penalties, correctly determine the amount of the penalty and help you win the case.

Hello! In 2008, my sister took out a loan from Renaissance Credit Bank, she had one delay, but then we repaid everything in 2011, there is a certificate from the bank stating that the account was closed and there is no debt. On April 8, 2014, Arkady Ivanovich Kachurin called from the federal debt collection service, pre-trial department, demanding to repay the debt under an overdue loan agreement, which the bank sold to a collection agency.

and advised me to transfer 16,103 rubles as soon as possible. We sent 8,500, but it seems to me that we are being deceived.

I have suspicions: Kachurin constantly calls from different phones, several times I called one of the phones and completely different people answered me, I asked to connect me with Kachurin and they connected me. We constantly received SMS with the text that our sister was in the debtor database and we needed to go to the website stopdolg.ru or rosfond.net to register, since the debt was activated, as soon as we paid the SMS stopped. What should we do next? Is there really such a federal debt collection service?

But in the text of the bill itself, after the first reading, an addition appeared that “the documents for which debt collection is carried out in an indisputable manner on the basis of writs of execution” are “loan agreements, with the exception of agreements under which the creditor is a microfinance organization, if there is a the specified agreements or additional agreements to them, the conditions on the possibility of debt collection based on the notary’s writ of execution.” Chairman of the State Duma Committee on Property Sergei Gavrilov confirmed to RBC that we are talking about new rights for banks - to collect overdue debts without court. Not only the amount of the debt is subject to recovery, but also

“interest if its accrual is provided for by the agreement, as well as the amount of expenses incurred by the claimant in connection with the execution of the writ of execution”

(means the amount that the bank pays to the notary).

Now, in an indisputable manner (based on a notary’s writ of execution), it is possible to recover only the debt on a pawn ticket (they are issued by pawnshops), as well as under storage and rental agreements.

World Islamic Political and Legal Thought (Islamic Law)

The Judicial Department is a legal entity, has a seal with the image of the State Emblem of the Kyrgyz Republic, with its name in the state and official languages, has the rights, duties and responsibilities of a legal entity in accordance with the law. The Judicial Department has its own territorial divisions, operating as branches on the basis of regulations approved by the director of the Judicial Department.

Aktau city department for collection of alimony

submit to the criminal prosecution body a proposal to bring to criminal liability persons who maliciously evade the execution of judicial acts; implementation of other functions provided for by current legislative acts and the Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Bailiffs”. 12. The head of the branch manages the branch and bears personal responsibility for the implementation of the tasks assigned to him and the implementation of his functions. 1) organizes and controls the work of the territorial department headed by him and bears personal responsibility for the implementation of the tasks assigned to state bailiffs 3) makes representations to the head of the department on issues of disciplinary action, provision of financial assistance, allowances and bonuses, leave of absence, hiring, dismissal from the position of branch employees.

According to Federal Law No. 262 - Federal Law “On ensuring access to information about the activities of courts in the Russian Federation”, the body of the Judicial Department posts information about its activities on the Internet on the official website. In the “Appeals from Citizens” section, site visitors have the opportunity to ask questions regarding the organizational activities of the Department, district (city), garrison military court of the Ulyanovsk region. Questions regarding the Department’s interaction with the media, as well as questions about searching for information on the website, can be asked to the chief specialist of the department of organizational and legal support for the activities of courts, Ekaterina Vladimirovna Kolesnikova, by phone.

Official site

Based on the results, an inventory of this property is made and a seizure is imposed for subsequent assessment and sale of the property to pay off alimony debt. In particular, bailiffs seized 5 vehicles belonging to the debtors. Bailiffs also formulate submissions (reports) to law enforcement agencies to bring debtors to criminal liability for malicious evasion of alimony payments.

In order to protect the rights of citizens of the Lugansk People's Republic, the Ministry of Justice of the LPR and the Ministry of Labor and Social Policy of the LPR signed a joint order dated December 21, 2019 No. 1231-OD/234

“On approval of the form of certificates for the appointment and payment of monthly benefits for children whose parents evade paying child support”

, which allowed applicants to apply for benefits for children whose parents evade paying child support in the social protection departments of the administrations of cities and regions of the Republic.

How collection services work in banks

Requirements (consumer loans - Sib.fm's note) are issued from the age of 18, and from this age until retirement anyone can be a debtor.

True, pensioners, as a rule, pay on time, they have a stable pension, and there are no special expenses. Most often, very young people and single mothers are in debt. There are practically no men, only people from the marginal layer.

These people have nothing in their heads; they need to buy more brains on the market, at least sheep’s ones. The marginalized are a separate caste, there are very few of them, I don’t even want to talk about them.

No bank can boast of timely collection of all loan payments. Delay has always been, is and will be - that’s how people are designed. Therefore, any credit institution must be ready to work with borrowers who have fallen into arrears. Work with such debtors at the bank is structured and consists of several stages. Thus, one of the departments responsible for debt repayment is the debt collection department, the work of which is distinguished by its nuances that the client needs to know.

Work of the debt collection department: principles, features

At the stage when the loan agreement is transferred to the collection department, special employees begin working with it. As a rule, these are already experienced workers in the field of “soft debt collection” (specialists in working with overdue debts), including former representatives of law enforcement agencies. The approximate period for which a contract remains in this department is 6-8 months.

The collection department begins its work by sending a pre-trial claim to the address where the debtor is registered. Employees of this department are also engaged in calling all the telephone numbers available in the client’s profile in order to find leverage over the debtor who has violated obligations under the contract and has committed a significant delay. He himself is invited to the organization for a conversation on the topic of debt repayment. The ultimate goal of the work being done with the debtor is to obtain a specific date for repayment of the loan and, of course, the return of the bank’s funds along with accrued interest and penalties. Do not forget that during the delay, the loan agreement necessarily provides for the accrual of a daily loan, which represents a certain percentage of the total loan amount. All this is within the law.

If the client comes to the meeting, he may be offered various options for solving the problem:

• pay half of the debt and divide the rest into equal payments. In the event of such an agreement, the penalty is usually suspended;
• pay the entire amount of the debt (the penalty is automatically written off);
• take a loan from another bank to pay off this debt or ask for financial help from loved ones.

Areas of influence of the collection department

If the debt collection department and the debtor have not found a common language or the debtor simply does not have the financial ability to pay the debt, the following scenarios are the most realistic:

• the loan agreement is transferred to the legal department, after which the bank sues it;
• the contract and client data are sent to special mobile groups specializing in collection. Field collection specialists working as part of such groups will make home visits to the borrower;
• sale (more precisely, assignment of the right of claim) of the contract to collectors (within the framework of ) who will demand repayment using their own methods, or cooperation with collection agencies on the base (in this case there is no assignment of rights, collectors are hired to help in collecting the debt).

A little less often, the debt collection department transfers a problematic agreement to anti-fraud specialists - if the bank suspects fraudulent actions by the borrower.

Sometimes, if there is no collection department in the bank, the agreement may immediately go to collectors, which depends on the specifics of a particular bank, its scale and specialization features.

During a crisis, the task of effective debt collection is extremely important for most entrepreneurs. However, many believe that nothing exists other than the usual legal, corruption and negotiation methods, which means there is no point in changing anything in the existing scheme of working with debt.

In this article we will show that, if desired, the efficiency of collecting a sufficiently large number of debts within one’s own organization can be significantly increased through organizational changes and the introduction of new technologies, such as corporate collection.

First of all, let us dwell on when the question of creating a debt collection department, which can also be called a collection department, arises. Dedicating a dedicated unit is an alternative to training existing collections employees and collaborating with collection agencies or third-party lawyers.

The main point requiring the creation of a department is the large number of debts in the work. The experience of collection agencies shows that a team of two or three people can be completely overwhelmed with work ranging from 20 problematic and large debts to 200 relatively small debts.1

Let us immediately note that the department can deal with both current and problem debts, which are characterized by the fact that they must be collected, even at the risk of losing relations with the debtor counterparty. Also, in addition to collection, employees of this department can perform functions to prevent the occurrence of debts and improve credit policy.
If you decide to create a debt collection department, you need to decide on the following points:

• structure;
• technology (knowledge and infrastructure);
• personnel;
• motivation system
• development program and first steps

Structure

We put structure first because... In unsuitable conditions, introducing new technologies and creating a motivated team is simply impossible. The point is that if there is no centralization, i.e. concentrating all work on debt collection in one department and removing the corresponding functions from the legal department, security service, etc., then there is no person responsible for the success of collections and the formation of the basis for such success.

Accordingly, for effective debt collection, a separate division is required that has all the necessary competencies for debt collection. Let's consider the scheme of these competencies, which can be borne by individual specialists, including the possibility of several competencies for one employee, subdepartments or external service providers.

Let's look at the competencies presented:

1) A collector is a person who organizes collection by drawing up a program and monitoring its implementation by holders of other competencies. The central place in the scheme is due to the fact that it is the collector who is responsible for the result of collection. This competency can be exercised by the head of the department or by the managers of individual debt collection projects. At the same time, it is possible to combine collection planning functions with targeted information impact (PR competence). In some cases, the function of the “collector” can be divided into the actual collection planning and expert assessment of the prepared program by the most qualified specialist.

2) Lawyers are responsible for three areas: 1) carrying out all legal collection activities (court, enforcement proceedings, participation in bankruptcy and criminal prosecution); 2) examination for compliance with the law of non-legal methods of debt collection (PR support, information collection, etc.); 3) legal formalization of the terms of debt repayment.

The role of lawyers can vary from a purely technical one in recovering from abandoned companies when the debtor has no assets, to the most responsible in complex recoveries associated with bankruptcy.

3) Collection of information - this competence is associated with obtaining from open and other sources the information necessary for recovery (data about the owners and managers of the company, their parallel businesses, possibilities of resistance, etc.). Currently, it is particularly relevant to replace informal methods of obtaining information (“acquaintances in the authorities”) with searching on the Internet and using special databases (Spark, Integrum, etc.). It is worth noting that organizations specializing in the provision of competitive intelligence services are gradually appearing, which can be outsourced in difficult cases.

4) PR competence is the most complex and relevant, because It is precisely because of this that it is possible to quickly and cheaply collect certain categories of debts that are usually considered complex and hopeless (debts of abandoned companies, organizations with large administrative resources, etc.).
Let us immediately note that the PR designation is very conditional, because We are not talking about work close to a journalist, but, first of all, about targeted information impact (writing letters to the debtor’s counterparties, associations where he is a member, etc.). Although in some cases, the PR block may additionally involve close communication with journalists, organization of special events: press conferences, round tables, etc.

5) The security service is necessary to protect employees, prevent the spread of security, and interact with law enforcement agencies. Often the Security Service also performs the functions of collecting information, and can also act as a collection organizer (collector).

6) Economic competence consists of assessing the financial capabilities of the debtor and the profitability of collection. An important point is often to obtain information from specialists about the characteristics of the market in which the debtor operates. For example, the possibility of using such a collection scheme as “becoming a debtor of the debtor” depends on whether post-payment for delivered products is widespread.

The collection department should ideally be subordinate to the top management of the company, because Reporting to the security or legal departments can make it difficult to implement new technologies and identify deficiencies in the work of these departments associated with the occurrence of debts.

It is worth mentioning the evolution of the debt collection department. Quite often, an organization first creates a working group, into which carriers of collection competencies are allocated from other structural units. Then, for the convenience of organizing activities, the working group becomes departments. In some cases, the next step is taken - the department turns into a subsidiary organization.

This move makes it possible to increase the profitability of collection, launch a separate business line and even attract investors (just look at the experience of the First Collection Bureau, which, according to the media, was created on the initiative of the co-owner of MDM Bank Igor Kim, and now investment funds have become shareholders of this organization ).

Not only banks, but also large manufacturers and distributors create their own collection agencies.

Technologies

In the practice of modern companies you can see the following approaches to debt collection:
- legal (civil and criminal law);
- economic;
- criminal/corruption;
- negotiation room;
and finally:
- collector.

1. Legal approach including both civil and criminal methods of collection, tied to the activities of the court and law enforcement agencies, although it may include negotiation points in claim work, etc. The main difference between the legal approach and the collection approach is that it involves a long duration of the process of solving the debt problem, in fact, the fastest ways to motivate debtors to fulfill obligations are not used and quite significant financial (state fees, lawyers’ salaries, etc.) and organizational (selection and paperwork for the court) costs.

2. Economic approach involves searching for offset schemes and assistance to the debtor in fulfilling obligations. In crisis conditions, without legal coercion, these schemes often turn out to be ineffective. However, within the framework of collection activities, such an opportunity, determined by the economic approach, as working with the debtors of the debtor or claimants for his assets, is actively used.

3. Corrupt approach most often, it appears in the form of “connections” in law enforcement agencies that would help show the debtor a real possibility of criminal prosecution. There are also options for demonstrating the difficulty of the debtor’s business at the expense of administrative resources. The main problems of the corruption approach to solving debt problems: illegality, the need for preliminary financial investments, unreliability (the use of “connections”, most often, can be counteracted symmetrically or asymmetrically).

4. Negotiation approach based on psychological principles. However, in the area of ​​debt collection, which is regulated in sufficient detail by law, relying on psychological techniques without taking into account legal and collection schemes is often not effective. It is necessary that the negotiation process is supported legally and organizationally.
The collection approach is currently the most important, because it has a complex nature and can be used in conjunction with other approaches.

The collection approach (from the English collect - collect, collect, encash) can be defined as a comprehensive, formalized, conveyor-based collection of a large volume of the same type of predominantly undisputed debt.
When talking about collections, it is necessary to distinguish between the credit and corporate varieties. At the same time, we can define corporate collection as a comprehensive legal formalized, mainly extrajudicial, collection of debts of organizations.

The main difference from legal methods of solving debt problems is the use of methods PR support for collection(spot and mass information).

PR support for collection is the description, demonstration and implementation of the possibility of legally disseminating information about the existence of a debt and the consequences of its collection to key points for the debtor (audiences, individual organizations and individuals).
Separately, we note that the practice of informational (PR) influence on unscrupulous participants in economic relations is actively used by the state.

For example, the Federal Antimonopoly Service maintains a special public register of unscrupulous suppliers for state and municipal needs. The possibility of being included in such “black lists” is also used by foreign companies that specialize in supply insurance. For example, a similar database is maintained and used to put pressure on debtors by the large European insurance company Euler Hermes. Within the framework of corporate collection, such information and reputational impact becomes more targeted and technological.

Planning PR support for collection, which includes the possibility of targeted and mass information, is based on expanding the understanding of the problem situation (studying the systems in which the debtor is included, etc.) and modeling the debtor’s behavior. When contacting the debtor and disseminating information, the restrictions established by civil (Article 152 of the Civil Code of the Russian Federation, etc.) and criminal legislation (Articles 129, 163, 330 of the Criminal Code of the Russian Federation) are observed.

When considering the use of corporate collection methods, the following points should be considered:
- collection can be very fast (there are examples of money being returned within a matter of days after receiving the Notice of Initiation of Collection);
- corporate collection does not exclude the parallel and sequential use of legal technologies, but helps them achieve their goals in difficult situations. For example, PR support for collection allows you to overcome corrupt opposition to the normal course of legal procedures for debt collection.

Corporate collection methods are especially relevant for collection in difficult situations when the debtor expects that the creditor will use only legal methods of debt collection and has prepared for this.

The introduction of corporate collection technologies into the work of the debt collection department is achieved through the development of specific collection planning algorithms and the use of forms (Notice of the start of PR support for collection, draft letter to counterparties, associations where the debtor is a member, etc.).

We will discuss issues of personnel policy, motivation systems and development programs in the next article of the series

1 We mean, first of all, corporate debts and focus on the situation facing trading companies and manufacturers, but most of the recommendations are also relevant for credit institutions.

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