DEBT RECOVERY
Debt recovery starts with an analysis of the contract, performance of the obligations, payments, correspondence and the debtor's actual position. UBC specialists will determine the amount of the claim, collect evidence, assess the possibility of voluntary payment and prepare documents for negotiations, court proceedings and enforcement.
Management will receive a reasoned recovery plan, budget and key dates.
Documents and Legal Basis of the Claim
The first question is whether the debt is supported by documents. The contract, order, acceptance document, delivery note, invoice, bank payment and correspondence should show that the obligation arose, was performed by your company and is due for payment.
The debtor's behaviour is then assessed. If the debtor acknowledges the amount and continues operating, a payment schedule and security may be agreed. If the obligation is disputed, assets are being disposed of or communication has stopped, legal action is planned taking account of the deadlines and available information about assets.
UBC specialists will propose the scope of work and budget before substantive work begins. This allows the cost to be compared with the amount and the prospects of actual recovery.
For the initial assessment, the following are required:
- contracts, schedules and orders;
- acceptance certificates, delivery notes and documents confirming delivery of the result;
- invoices, bank statements and account reconciliations;
- correspondence concerning deadlines, quality and payment;
- information about the debtor, directors and signatories;
- information about formal claims, court cases and enforcement proceedings;
- calculation of the principal amount and additional claims.
The lawyer will determine which documents can be used immediately and what should preferably be obtained in addition. If part of the relationship was documented electronically, the original files, signature information and evidence of delivery of notices are retained separately.
A formal claim should contain an accurate calculation, the legal basis and a clear deadline for response. At the same time, a method of performance can be proposed: full payment, a schedule, set-off, transfer of property or another solution acceptable to the creditor.
If the parties reach agreement, the terms are documented in writing. The document records the amounts, dates, payment references, consequences of changes to the schedule and the confirmation to be issued after full settlement. Security for the obligations may also be discussed if required.
UBC can handle the legal part of the negotiations, prepare proposals and verify the authority of the persons signing the agreement on the debtor's behalf.
Negotiations, Court Proceedings and Enforcement
If voluntary settlement does not result in payment, UBC specialists prepare the claim and evidence, calculate the amounts sought and represent the client. The document set and procedural form depend on the contract, the parties and the nature of the debt.
After judgment, work continues at the enforcement stage. UBC specialists will prepare documents for a public or private enforcement officer, analyse available information about assets and support the actions provided by law.
A court judgment and actual receipt of the money are separate stages, so enforceability is assessed during the initial review.
Before incurring the cost of lengthy proceedings, it is useful to verify the debtor's current status, activities, court cases, enforcement proceedings and available information about assets. This information supplements the enforcement officer's formal actions and helps determine the scope and budget of the work.
If the company continues operating and earning income, negotiations and a payment schedule may produce a faster result. Where the debtor has several creditors, it is important to formalise claims promptly and monitor related proceedings. Different documents and enforcement methods apply to an individual, a sole trader and a legal entity.
UBC specialists also analyse the documents of related participants in the transaction. In some cases, payment must be made by the customer, agent, guarantor or another person under a separate document. The claim is brought against the person whose obligation is supported by the contract and the factual circumstances.
For a debt portfolio, debtors can be categorised by amount, quality of evidence and willingness to engage. A small undisputed amount can be handled through a standard claims process, while a large or disputed debt requires an individual strategy. Management receives priorities and can direct resources to claims with better prospects.
If the contract provides for a pledge, guarantee, surety, retention of property or another form of security, the related documents are analysed separately. It is important to establish the scope of liability, validity period, notice procedure and connection with the principal obligation. Available security is taken into account in the recovery strategy, and UBC specialists prepare the necessary demands.
All receipts are reconciled against the approved calculation. The principal debt, agreed additional amounts, court costs and payments already received are shown separately. After a partial payment, the client can see the remaining balance and understand which actions are still in progress.
If the parties agree a payment schedule, it records the dates, payment details, payment purpose and consequences of default. The status is updated after each receipt. This record allows prompt action if the schedule is breached and enables the case to be closed once the debtor has performed the agreement in full.
After recovery is completed, UBC specialists prepare a final reconciliation and a list of documents for accounting. If part of the amount is recognised as irrecoverable or enforcement is continuing, the status and grounds are shown separately. Management receives a clear picture of the outcome and can make the next financial decision concerning the debt.
Amount, Security and Outcome
The cost depends on the amount, quality of the documents, the debtor's behaviour, number of contracts, negotiations, court hearings and enforcement actions. The work can be divided into stages: analysis and formal claim, negotiations, court proceedings and enforcement.
At each stage, the client receives the prepared documents and information about the next decision. This allows management and accounting to take expected receipts and support costs into account.
Provide the contract, schedules, acceptance certificates or delivery notes, payment documents, correspondence and information about the debtor. State the amount, date of default and any previous arrangements. UBC specialists will analyse the evidence and deadlines, assess available information about the debtor's assets and conduct, and propose the recovery scope and support fee.
Need Support or a Specialist in Your Region?
We will conduct an initial assessment, identify the required specialisation and propose a UBC specialist or a vetted independent partner. The partner's contact details will be provided only with your consent.
Related Pages
For each debtor, the amount claimed, supporting documents, possible objections, available asset information and expected costs are compared. Management receives options: negotiations with a payment schedule, formal claims work, court proceedings or an agreed combination of actions. For each option, the documents, deadlines and conditions for reviewing the decision to continue recovery are stated.
If the parties agree voluntary repayment, the agreement records the amount, dates, payment method and consequences of departing from the schedule. Receipts are matched against the agreement and the balance is updated after each payment. If the matter proceeds to court, the file already assembled is used, so the facts, calculation and correspondence remain part of one consistent position for the company.
Debt recovery can be organised from the initial assessment through to agreed enforcement. A UBC specialist will analyse the documents and calculation, propose the appropriate course of action and explain the support terms in detail. We will be pleased to answer any further questions and help return the funds to the company's working capital. We wish you every success in business!
UBC2 PROTECTED EXIT EN: approved corporate exit text; spelling/punctuation corrections onlyWhy Choose Us?
The principal activities of the UBC group of companies include financial and investment services, assistance with obtaining finance and attracting investors, the purchase and sale of established businesses, IT services and commercial property development in Ukraine and abroad. Company registration in Ukraine and abroad, corporate law, offshore jurisdictions and offshore companies, business consulting, audit, certification, LLC registration, registration of financial companies, asset management companies and mutual investment funds, registration of joint-stock companies, securities and bond issues, support for foreign investment, construction licences, permits for design and construction, and other services for successful business in Ukraine are also available. We provide our clients with a full range of turnkey business services within the shortest practical timeframe. Our continuously expanding network of regional and international partners helps resolve our clients' issues effectively when doing business both in Ukraine and abroad.
We always work towards the result you need and will do everything possible to achieve it within the required timeframe, taking account of your wishes and requirements. Why is it better to start a business in Ukraine with UBC? The answer is simple: we have considerably more practical experience, resources and capabilities. We have been and remain leaders in Ukraine in corporate services, and the UBC corporate structure comprises more than 10 companies operating in different business sectors.
Frequently Asked Questions
Can a debt be recovered without a signed reconciliation statement?
The answer depends on the other evidence: the contract, acceptance documents, delivery notes, payments and correspondence. UBC specialists will assess the complete document set.
Is it advisable to agree a payment schedule?
A schedule can provide a fast and enforceable outcome if the amount is acknowledged, the terms are documented and the debtor's financial position allows payment.
Can a debt be recovered from a foreign counterparty?
Yes, but the procedure depends on the contract, governing law, chosen court or arbitration forum and the country where the assets are located. Such a matter is assessed separately.
Does UBC support enforcement proceedings?
Yes. UBC can prepare applications, liaise with the enforcement officer and support the required actions through to completion of the agreed scope.
