Managing unpaid invoices in USA-Indonesia textile exports can be a complex and challenging task. In this article, we will explore the 3-phase Recovery System, which provides a structured approach to recovering company funds from unpaid invoices. By understanding the recovery system and its key components, exporters can take proactive steps to address unpaid invoices and mitigate financial losses.
Key Takeaways
- The 3-phase Recovery System provides a structured approach to recovering company funds from unpaid invoices.
- Phase One involves initial actions such as sending letters to debtors, skip-tracing, and attempting to contact debtors for resolution.
- Phase Two includes legal action or continued collection activity through affiliated attorneys within the debtor’s jurisdiction.
- Phase Three offers recommendations for closure of the case or proceeding with litigation, along with associated costs and recovery rates.
- Rates for recovery services are based on the age and amount of the unpaid accounts, with varying percentages for collection based on different criteria.
Understanding the Recovery System
Overview of the 3-phase Recovery System
The 3-phase Recovery System is a streamlined approach to reclaiming unpaid invoices. Phase One kicks off with immediate action: within 24 hours, debtors receive the first of four letters and are subject to skip-tracing for optimal contact information. Daily attempts to resolve the debt span 30 to 60 days, utilizing a mix of communication methods.
In Phase Two, the case escalates to our network of attorneys. They draft demand letters and persistently attempt to contact the debtor. If these efforts falter, we evaluate the case and advise on the next steps.
Phase Three presents a critical decision point: to litigate or not. Litigation requires upfront costs, but if recovery is unlikely, we recommend case closure at no charge. Our competitive rates are tailored to the volume and age of claims, ensuring a cost-effective solution for your recovery needs.
| Number of Claims | Accounts < 1 Year | Accounts > 1 Year | Accounts < $1000 | Attorney Involvement |
|---|---|---|---|---|
| 1-9 | 30% | 40% | 50% | 50% |
| 10+ | 27% | 35% | 40% | 50% |
Phase One: Initial Actions
Upon initiating Phase One, swift action is taken to signal the seriousness of the situation to the debtor. Within 24 hours of placing an account, a series of four letters are dispatched via US Mail. This is complemented by comprehensive skip-tracing to gather the most current financial and contact information.
The goal is to establish immediate communication, leveraging phone calls, emails, text messages, and faxes to reach a resolution.
Daily attempts to contact the debtor are standard for the first 30 to 60 days. If these efforts do not yield a satisfactory resolution, the case escalates to Phase Two, involving legal counsel within the debtor’s jurisdiction. The urgency of these initial actions cannot be overstated, as they lay the groundwork for all subsequent recovery efforts.
- Send the first of four letters
- Conduct skip-tracing for debtor information
- Initiate contact through multiple channels
- Persist with daily communication attempts
Should Phase One fail to secure payment, the process seamlessly transitions to the next phase, ensuring no momentum is lost in the pursuit of unpaid invoices.
Phase Two: Legal Action or Continued Collection Activity
When initial recovery efforts don’t yield results, escalation to legal action may be necessary. At this juncture, the case is forwarded to an attorney within the debtor’s jurisdiction. The attorney’s first step is to send a series of demand letters on law firm letterhead, coupled with persistent phone calls to the debtor.
If these intensified efforts remain unsuccessful, the creditor faces a critical decision point:
- Continue with standard collection activities (calls, emails, faxes, etc.)
- Proceed with litigation, which involves upfront legal costs
The costs for legal action typically range from $600 to $700, depending on the debtor’s location. These cover court costs, filing fees, and other related expenses.
Should you opt for litigation, the attorney will file a lawsuit for all monies owed, including the cost to file the action. If litigation does not lead to recovery, the case is closed, and no further fees are owed to the firm or the affiliated attorney.
Phase Three: Recommendations and Costs
At the conclusion of the recovery process, a critical decision awaits. If the debtor’s assets and case facts suggest low recovery prospects, we advise case closure with no fees owed. Conversely, should litigation seem viable, you face a choice.
Litigation requires upfront costs, typically $600-$700, covering court and filing fees. These costs are necessary for our affiliated attorney to initiate legal proceedings for the owed sum and associated expenses. A breakdown of potential costs is as follows:
| Action | Estimated Cost |
|---|---|
| Court Costs | $300-$400 |
| Filing Fees | $300-$350 |
Should you opt against legal action, you may withdraw the claim at no cost or continue with standard collection efforts.
Our fee structure is performance-based, ensuring alignment with your recovery success. For fewer than ten claims, rates vary from 30% to 50% of the collected amount, depending on the age and size of the account. For ten or more claims, the rates are slightly reduced. Remember, if litigation does not result in recovery, you owe nothing further.
Frequently Asked Questions
What is the Recovery System?
The Recovery System is a 3-phase process designed to recover company funds from unpaid invoices. It involves initial actions, legal action or continued collection activity, and recommendations and costs.
What happens in Phase One of the Recovery System?
Phase One involves sending letters to the debtor, skip-tracing and investigation, contacting the debtor for resolution, and daily attempts to resolve the account. If all attempts fail, the case moves to Phase Two.
What occurs in Phase Two of the Recovery System?
Phase Two involves forwarding the case to an affiliated attorney, drafting letters demanding payment, contacting the debtor via telephone, and explaining the issues surrounding the case if attempts to resolve the account fail.
What are the recommendations and costs in Phase Three?
In Phase Three, the recommendation may be to close the case if recovery is unlikely. If litigation is recommended, the upfront legal costs such as court costs and filing fees will be required. Rates for collection activity and attorney placement are also provided.
What are the options if legal action is recommended in Phase Three?
If legal action is recommended, the options include proceeding with legal action by paying upfront legal costs or withdrawing the claim with no obligation to pay. Standard collection activity may also continue if chosen.
What are the collection rates for Phase Three?
The collection rates vary based on the number of claims submitted and the age and amount of the accounts. Rates range from 27% to 50% of the amount collected depending on the specific account details.
