Dictionary of debt collection and debts

Debt collection, receivables, debtor, assignment ... Anyone who hears these terms has something to say, but are these issues fully understandable? In order to properly interpret the news and verify the content of articles on debt collection, please refer to the explanation of basic issues presented below.

Debt

Unsettled performance towards a creditor, otherwise an unfulfilled obligation towards another person (creditor), which may require the repayment of a contracted obligation from the debtor.

Debtor

A person / company obliged on the basis of a legal transaction or contract to perform a performance for the benefit of the creditor.

Assignment of receivables

It is a type of contract constituting a transfer of a claim (performance) between a creditor and a third party who thereby acquires the claim.

Debt exchange

One of the many debt collection tools that allow you to sell and purchase receivables. The creditor may issue a debt sale offer without any obligations on the debt exchange platform.

Soft debt collection (amicable debt collection)

It consists in gentle exhortation of the debtor to pay the debt, mainly in sending reminders.

Monitoring the debtor

Providing the indebted entity with information reminding about the outstanding liability. Claiming the payment of outstanding benefits by sending out requests for payment.

Prescription

This is the date after which the debtor will not have the right to claim unpaid debt. For example, claims for unpaid invoices expire after 2 years (Art. 554 of the Civil Code).

Hard debt recovery

Actions aimed at recovering the debt, most often with the use of court proceedings.

Recognition of the debt

Performs by the debtor for the benefit of the creditor actions indicating the willingness to repay the debt or actions aimed at admitting the debt. Recognition of the debt interrupts the limitation period.

Creditor

The person to whom the benefit is due, i.e. entitled to the claim. The creditor is therefore the one to whom the debtor is obliged to pay the debt.

Debt

It is a kind of entitlement to receive the benefit due from the debtor.

The receivable is due

It is one for which the payment deadline has already expired.

The claim is not due

It is one for which the payment deadline has not yet expired.

Debt collection

The word derived from Latin - vindicatio means making a claim. That is, all actions that are taken to satisfy claims (recover things / money) against the entity that should transfer them to another entity.

Commitment

It is a legal relationship between the creditor and the debtor. A debtor's benefit that is owed to the creditor.