Recover your receivables from a defaulting company!
The business failure is the term used to describe the situation in which a company is no longer able to meet its financial obligations..
C’est-à-dire que la trésorerie ne permet plus de payer les dettes fournisseurs, les salaires et autres redevances.
As a company, you need to take an interest in your customers’ financial situation.
In the event of non-payment by a defaulting company, you’ll need to follow certain procedures.
Discover our advice on how to react and how protect your business against non-payment ?
Recovering a debt in the event of business failure
Reminder: In the event of suspension of payments, the company director must report his situation to the commercial court by filing for bankruptcy within a maximum of 45 days. The court will then decide on the collective procedure best suited to the company: sauvegarde, redressement judiciaire (receivership) or liquidation judiciaire (judicial winding-up).
It is this decision that will determine the possible procedures for recovering your unpaid debts from the company.
The the company is published in an announcement in the BODACC.
The case of receivership
A company declared to be in is forbidden to pay its previous debts. for the duration of the procedure (6 to 18 months).
This means that creditors will not be able to claim their debts, even if legal collection procedures are already underway.
The creditor must make a declaration of claim to the judicial representative.
The latter can then take the claim into account in the recovery plan.
Each creditor has 2 months from the date of publication in the BODACC to notify the company of their claim..
Nous recommandons be extremely vigilant when declaring your claim, as any oversight or error could result in your exclusion from the collective proceedings.
How can I protect myself against non-payment?
To protect your business against unpaid invoices, it is possible to work upstream on the collection of your invoices.
In addition to good customer management, it’s important to monitor your receivables, if necessary with the help of an external company.
Identify your debtors
Upstream, we recommend determine the customer’s risk, by obtaining information about the customer, including his or her financial history.
Des outils de scoring ou encore des études de solvabilité, vous offrent notamment la possibilité d’établir le profil de votre débiteur et ainsi d’identifier les clients à risque.
It is possible to special contracts for problem debtors, such as reduced payment periods For example, you can shorten payment terms or pay in advance, or add security to your invoice (pledge, mortgage).
Anticipate reminders and collection of your invoices
You need to send out regular reminders for your invoices, even if this means using an outsourced reminder service such as Collectel (telephone reminder) or SoftCollect (mail reminder service).
Dunning is a good way to get your bill paid without having to go through the collection process.
With dunning services, you can identify your customer’s problems and, if necessary, propose an arrangement to enable him to pay his bill.
The information gathered during customer follow-ups is communicated to you on a regular basis.
The aim is to be able to rapidly initiate amicable and/or legal collection proceduresIf reminders are not enough to obtain payment of your debt.
Focus on international receivables
In the case of international receivables, language barriers and unfamiliarity with the legal provisions in force can be an obstacle to collecting your invoices.
To meet this growing need among our international customers, we have chosen to join the Sekundi network.
Sekundi is a network of companies specialized in international international debt collection.
Présent dans 37 pays, le réseau Sekundi offre la possibilité de déposer une créance quel que soit le pays du débiteur et du créancier.
You are in contact with a professional who speaks your language.
Your customer exchanges with a professional in his or her own language.
Actions are carried out in the country concerned, taking account of local legislation.
As you can see, customer default is a situation that’s not always easy to grasp. Our main recommendation: don’t let an unpaid bill drag on ! Make sure you follow up regularly with your customer (without harassing him), in order to to obtain payment of your debt.
Get professional help before problems arise, to avoid surprises and guarantee your financial stability.
Discover our dedicated telephone reminder !
Do you have unpaid invoices in France?
As a collection company, SSPCollect takes care of your debt collection !