Unpaid invoices, unpaid rents… Every day, many professionals and individuals are faced with late payments or even refusal of payment. In such a situation, the intervention of a private detective is often essential to put in place a debt collection action plan. What can a private investigator doin this case?
The main stages of debt collection
Debt collection allows a person or a company to recover a debt, a sum of money owed by a debtor following a sale or service provision.This procedure usually takes place in two significant steps.
The first is amicable recovery, in which the creditor tries to establish dialogue and negotiate with the debtor. The means used are telephone calls, emails or follow-up letters, or even visits to the person's home.
However, to formalize this summons to pay the amount due, amicable recovery often involves sending a formal notice by registered letter acknowledging receipt. This must inform the amount of the debt and the creditor’s identity while specifying the terms of payment of the amount due.Without any reaction from the debtor, the formal notice allows you to continue towards the second stage: judicial recovery.
Indeed, if the amicable recovery is unsuccessful, the creditor can take legal action to win the case. This procedure can take different forms depending on the situation. For a debt of less than $5,000, for example, it is possible to set up a simplified recovery, in which a bailiff issues an enforceable title to obtain the settlement.
It will be necessary to launch order for the payment procedure for a higher sum. Here, the creditor must send a request, accompanied by supporting documents, to the competent court. The judge can then decide to issue an order for payment, sent to the debtor through a bailiff. Bailiff seizures can also take place so that the creditor recovers his due.
The complementarity of the private detective and the bailiff for debt collection
In debt collection, the private detective and the bailiff must work hand in hand in a complementary way.
The bailiff can intervene during the amicable phase by presenting a summons to pay, equivalent to a formal notice. He can also initiate a simplified recovery procedure without going to a judge. In the judicial phase, the judicial officer is quite simply indispensable. Indeed, he is responsible for transmitting the payment order ordered by the judge. He can also carry out precautionary and execution seizures to recover the amount due.
However, to make his findings, the bailiff needs to rely on the evidence collected by the private detective. Similarly, the issuance of an order for payment by the judge is often motivated by the consultation of the investigation report provided by the detective.
Using his expertise and the various resources at his disposal, the private research agent intervenes throughout the procedure to accelerate and facilitate debt collection. Its mission consists, first of all, of finding the debtor to be able to give him formal notice. Indeed, the latter disappears or hides not to have to honor his debts.
In some cases, the debtor may take on a false name and regularly change domicile, complicating the search work. The know-how of a private detective is then essential to find him.
Moreover, it is impossible to send a formal notice to a debtor if his postal address is unknown, hence the interest in locating him.Subsequently, this will also make it possible to take him to court, serve him with an injunction to pay, or even carry out seizures.
But the intervention of the private detective also involves carrying out a solvency investigation. Thus, the debtor's financial situation is analyzed to determine if he is indeed solvent. In this way, the creditor protects himself against a possible fraudulent organization of insolvency, which results in the disappearance of the debtor's assets.
Do you want to call on a private detective in Miami,Florida, to recover an unpaid amount?
Drawing on its experience, the Louvre detective agency supports you in setting up a debt collection action plan adapted to your situation. Working together with the bailiff, we mobilize all the necessary resources to help you recover your due.
For more information on how to retain a Miami Private Investigator, contact Universal Investigations Agency, Inc. today at (954) 305-6275
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By Victor Elbeze, Lead Investigator & Owner of UniversalInvestigations Agency, Inc.