Top-Rated Debt Collection Agency in Argentina
Fast and reliable debt collection in Argentina - no upfront costs, only pay for success. Request a FREE Consultation or upload your claim today.
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Recover your debt in Argentina with ease.
Debitura specializes in debt recovery services in Argentina, offering a complete range of solutions through our team of experienced professionals. We cover everything from accounts receivables management and debt collection notices, to pre-legal and legal debt collection, as well as enforcement court proceedings. Our knowledge and understanding of Argentina's debt collection laws and regulations means that we help businesses recover outstanding payments quickly and effectively.
We offer continuous support throughout the entire collection process.
Tailored debt recovery approach.
We have a team of 500 seasoned professionals specialized in global debt collection.
Our debt collection service offers a 87% success rate at the most affordable cost.
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We have conducted many successful collections in Argentina for clients located all around the world.
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The ultimate guide about debt collection in Argentina
Are you looking for a way to resolve your financial claim with an Argentinian business or customer?
Look no further - we have aided hundreds of other companies in reclaiming their debt from Argentina. We understand the difficulties involved, such as language and cultural barriers, foreign laws, and immense distance; however Debt recovery becomes simpler when experienced professionals are here to help! Our collection agency is well-versed in both local regulations and customs that can effectuate successful debt recovery.
At Debitura, we prioritize the satisfaction of our clients, making every effort to retrieve their money while continuing a strong relationship with customers. Our public relations strategies are both strategic and ethical-protecting your reputation is always at the forefront! If you wish to understand Argentina's debt collection process thoroughly so as to manage it on your own, keep reading this guide. But if you'd prefer working with a local Argentine law firm expert in debt recovery services, then look no further-we have got you covered!
At Debitura, we offer a straightforward solution for debt collection in Argentina and beyond. To get started now all you have to do is upload your claim; within 24 hours we will evaluate it and give you 3 free quotes from local lawyers. Our unique process combines the latest technology with an ethical people-centric approach that ensures results without compromising customer relationships - what more could one want? Get collecting today! Furthermore, we highly value our network of debt collectors, lawyers, suppliers and vendors - no matter the size. These partnerships are invaluable to us as they help us get tasks accomplished quickly and efficiently.
Upload claim
Commence debt collection in Argentina now at no cost. Simply create a free profile, and upload your case within just 2 minutes.
Pre-legal
During the first 3 months, we'll use our successful pre-legal collection method to attempt to retrieve your debt. Our no-cure-no-pay policy ensures that you won't be charged any fees if we're unable to collect.
Legal
In case your claim remains unpaid during the pre-legal phase, we offer you three quotes from our nearby debt collection attorneys.
24/7 updates
You get access to our online portal where you can track your case in real-time
Introduction to collecting debt in Argentina
Struggling to get your Argentine customers to pay up? Don't fret! We make it simple for you and them. In Argentina, the debtor is whoever owes money, and the creditor/invoice issuer is referred to as...you guessed it - "the creditor". If you decide on taking matters into your own hands with first-party collection instead of outsourcing a third-party service, then that's perfectly fine too!
- Local companies struggle to pay their bills on time, resulting in an exceedingly high average Days Sales Outstanding (DSO).
- It is not advisable to initiate legal proceedings without first conducting pre-legal action due to the frequent delays and high costs associated with procedural matters, as well as domestic courts' inability to handle their caseloads efficiently.
- Although debt restructuring measures have been established for insolvent individuals, liquidation is still the typical procedure even though it does not benefit creditors who are not secured.
Days Sales Outstanding (DSO)
The payment landscape in Argentina is consistently dismal, with invoices taking an average of 30 days to be cleared. Sadly, it's not uncommon for domestic companies to remain delinquent up to two months on their payments - a direct result of the country's financial crisis over the past decade which has weakened its native banking system and resulted in limited short-term financing options. Added currency shortage only exacerbates this ever-present issue.
Diversifying company organizations
A company's liability for business debts is determined by its legal structure, which can be summarized as follows:
- General Partnerships (Sociedades Colectivas) are the closest legal structure to a Sole Proprietorship in Argentina; however, with this option, participants have unlimited liability. No minimum capital is needed and unanimous consent is required for liquidation of the company. Alternatively, Limited Partnerships can be formed to limit non-managing partner's liabilities.
- Creating a Limited Liability Company (Sociedades de Responsabilidad Limitada, SRL) is an attractive and common structure for businesses with up to 50 partners who may be individuals or corporate entities. The required capital contribution of at least AR$10,000=EUR89 must be paid within two years with 25% due immediately in local currency. Fortunately, all shareholders are protected from liability beyond their respective contributions!
- Corporations (Sociedades Anónimas, SA) may be established with a minimum of two shareholders – either corporate entities or individuals - and AR$100,000=EUR890 capital. It is compulsory to pay 25% of the capital amount upfront while the remaining must be settled within two years. Furthermore, majority members on the Board of Directors should reside in Argentina as foreign residents are not liable for any sum beyond their initial share contribution.
- Companies from abroad often create investment vehicles through separate subsidiary companies (sucursales) in the form of a Limited Liability Company or Corporation. Additionally, foreign businesses can purchase shares of an established entity, or invest via Joint Ventures (Unión Transitoria de Empresas) with native partners. What's more is that while Joint Ventures are arranged as contracts, they do not generate distinct entities. International investors have the potential to wholly own an investment in Argentina and don't need any governmental permission (except for broadcasting activities or antitrust regulations); however, equity investors should register with the Commerce Public Registry of the location where it was founded.
The debt collection process in Argentina
Navigating the debt collection process in Argentina can seem like a daunting task, but it is composed of various steps that make it manageable.
Our standard process for collecting debt in Argentina is explained in the image below:
1 Upload your claim:
If you want someone to help you get your money back, you will need to find a debt collection partner and upload your claim onto their website. If you use Debitura, we will provide you with 3 quotes from local partners in the South America country that is relevant to your case. This service is free - there are no strings attached.
2 Amicable collection:
The collection process begins with sending reminders to the person who owes you money. The reminders are sent via email, SMS, and letter. The goal is to get the person to pay or at least acknowledge the debt, and then start a payment plan. Debitura offers a no-cure-no-pay solution for amicable collection, which means you only have to pay a small success fee if we recover your debt. Amicable collections with Debitura are 100% risk-free!
3 Evaluation:
If the person you are owed money from has not paid you after you have talked to them, it is time to decide what to do next. We will look at how much money you are owed, the chance of getting paid, and other factors to help you decide what to do. There are three typical next steps:
A: Surveillance:
If your claim is for less than 2,000 to 5,000 Euros, it may not be worth taking any more legal action. In this case, we recommend "debt surveillance." This means that we will keep trying to contact the person you owe money to and try to reach an agreement about how much they will pay you back.
B: Legal collections:
It is suggested to begin the legal process if you have a big claim. The way to do it will vary depending on what your claim is about and how big it is. Usually, it will take about a year and a half to finish the process.
C: Debt enforcement:
If the person you think owes you money agrees that they do, or if a judge has said they owe you money, you can ask the bailiff to help get your money for you.
Fortunately, at Debitura we can provide assistance throughout this entire process - from beginning to end!
Amicable collection in Argentina
Take advantage of Debitura's risk-free, efficient process for Amicable collections now! All it takes is a simple submission from you and we'll get started within 24 hours.
Our tactical approach will communicate with your debtor through all available channels in Argentina – including e-mail, SMS messages, letters, calls and social media postings. With this sophisticated strategy our aim is to:
A) Get the debtor to settle their debt in full or
B) Secure a commitment from them and structure an agreeable repayment plan
If your debtor has challenged your claim, you must bypass any amicable resolution and proceed immediately to legal collections.
Late payment interest
It is essential to establish a contractual interest rate for late payments in Argentinian regulation, as there are no specific regulations on the subject. The sum of compensatory and moratorium interest must not exceed 2.5 times the standard public bank discount rates for commercial papers otherwise it could be seen as an excessive penalty when judged by courts. To ensure this does not happen, make sure you have codified your arrangement contractually before entering into any agreement or transaction with another party.
Get started with
amicable debt collection
Upload your claim and get started with our 100% no-cure-no-pay collection solution.
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Legal collection in Argentina
Should your claim remain unpaid during the amicable process or if it is contested, you are eligible to receive 3 free quotes from our regional debt collection attorneys. These legal professionals will reach out to your debtor and attempt an agreement of payment on your behalf. Our partners have authorization to bring the case up in court and can obtain a payment order for enforcement through Argentina's judicial system. This provides an effective way for claiming what rightfully belongs to you!
Ordinary proceedings
When amicable resolutions have failed, fast-track proceedings may be a quick and effective approach to recover outstanding debts without resorting to lengthy court processes provided the debt is undisputed. According to Article 523 of the National Civil and Commercial Procedure Code, documents such as checks, promissory notes or notarized letters can lead to swift Payment Orders in which the debtor's defenses are limited. If the debtor files any counterclaim within ten days, then it is mandatory to prove that debt through traditional procedures which can be time-consuming and expensive. Therefore, this should only be considered as a final option.
Initiating a civil trial requires the plaintiff to file a claim with the clerk’s office of their local Circuit Court. The creditor must furnish proof that they attempted to resolve the conflict prior to initiating proceedings. Subsequently, defendants will be sent a Writ of Summons either via registered letter or by judicial officer and are allotted fifteen days in which they may issue a counterclaim (as prescribed by Sections 338-342 of Code). Extenuating circumstances such as state agencies involvement extend this time frame up until sixty days.
In a preliminary hearing, the court will attempt to facilitate an amicable agreement between the parties. If this is unsuccessful, then a 40-day evidentiary period begins in which both sides present their arguments and evidence before judgment must be issued (within another 40 days). Trials shall continue regardless of whether or not either party takes part; should that happen however, it would create an unfavorable perception against them.
It is worth noting that breach of contract claims are one of the most frequent forms of litigation in Argentina, yet class actions regarding commercial matters have also been on the rise recently.
Argentina has two levels of judicial power: the federal and provincial. At the federal level, District Courts issue first-instance rulings while Circuit Courts together with the Supreme Court of Justice act as appellate court systems. Similarly, provinces also have their own tribunals as well minor jurisdictions handled by Justices of Peace.
The National Civil and Commercial Procedural Code governs litigation at both federal and provincial levels, though the individual provinces also enforce their own respective procedural codes as well as administrative law.
Commercial disputes of all magnitudes can be referred to and adjudicated by both provincial and federal courts, depending on the location of the transaction. In Buenos Aires' Capital District, commercial issues are typically subject to federal legislation. Additionally, specific laws (trademarks/patents/maritime) always fall within Federal Court jurisdiction regardless of geographic considerations. First instance courts are typically divided between multiple divisions with specialized knowledge in administrative law, civil law, commercial law, criminal justice, and labor legislation.
Although Argentine courts are typically autonomous, their legal system is often slow-moving, costly and to a certain degree uncertain. Moreover, opacity and unreliability may be intensified in cases where political or public interests come into play.
If you're looking to get the most bang for your buck, it's imperative that you obtain multiple quotes from various lawyers. This can be easily accomplished with Debitura, as all it takes is a few clicks of a button! The price of legal fees will depend on the nature and magnitude of your claim - so don't let cost keep you from getting justice. Utilize Debitura today to find the best rate possible quickly and conveniently.
Get started with
legal debt collection
Upload your claim and get 3 FREE quotes from our local collection partners.
Debt enforcement in Argentina
If you are in possession of an acknowledgment from the debtor or a court order, then Argentina's bailiff's court provides a reliable option to enforce your claim.
When a judgment is finalized and appeals are no longer available, it immediately becomes legally binding. If the losing party fails to follow through with what was ordered in court, then the victorious party can obtain an Order for attachment of any belonging associated with that person's name in order to satisfy all debts owed (including interest), as well as cover judicial costs. This property will eventually be sold so that these expenses may be paid off. Within five days, the debtor has opportunity to make minimal objections regarding payment in full or debt renegotiation, a wrong ruling by the court, time limit expiration and more. Enforcing deals with public organizations is reportedly challenging as courts lack independence.
Uncover the full cost and process of your situation in just 24 hours by submitting your case to Debitura! Afterwards, you will receive three customized quotes that correspond with your claim. Don't wait-- get started now for a fast and straightforward resolution.
Get started with
debt enforcement
Upload your claim and get 3 FREE quotes from our local collection partners.
Insolvency proceedings in Argentina
If your debtor is unable to pay his debts, the ultimate recourse you have available is insolvency proceedings. Through this method, it becomes possible to liquidate the debtors assets and distribute them amongst creditors in accordance with prescribed debt priorities.
- Out-of-court restructuring between the debtor and their creditors is authorized by law, which may take the form of a tender offer or an exchange of new bonds for old restructured bonds.
- The parties may also use simplified out-of-court restructuring, which requires approval from a majority of unsecured creditors and validation from the court. This procedure puts pending claims by unsecured creditors on hold.
- Restructuration proceedings may be initiated voluntarily by debtors willing to restructure their outstanding debts, and must go through a receiver in order to be advised on the best course of action before being submitted to the Creditors’ Committee and then validated by the court.
- Liquidation proceedings may be initiated as a result of failure of restructuration plan, or upon filing of liquidation petition by debtor or creditors. The judicially appointed receiver will propose proceeds allocation planto Creditors’ Committee in charge supervising liquidation process.
- Financial organizations have special insolvency proceedings outside scope certain aspects Bankruptcy Law .
Our analysis concludes that the risk of running a business in Argentina is medium-high. Based on this medium-high score, we recommend always charging upfront payment or using credit insurance when trading with customers in Argentina, as it may be very difficult to get paid. The medium-high risk score is based on the following factors:
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The economic risk in Argentina
Our analysis shows that the economic risk in Argentina is very high (6 out of 6). An economic risk of 6 out of 6 is high in South America.
GDP and economic growth are critical drivers for economic risk.
The GDP of Argentina is 491.49 bn. USD (2021), growing by 10.26% per year.
In terms of the size of its economy, Argentina ranks #27 out of 183 countries and has a large economy.
Having a view at the growth rate, it is ranked #22 out of 183 countries and is therefore considered a fast-growing economy.
GDP per capita is 10729 USD, ranking Argentina number #61 out of 183 countries. This means the purchasing power of citizens in Argentina is high compared to the rest of the world.
You get a more detailed idea of GDP and economic growth in Argentina in the table below:
Another critical driver for the economic risk score is the inflation rate and the interest rates. You get a more detailed idea of monetary KPIs in Argentina in the table below:
Looking at the interest rate for businesses, it is 35.56%.
The business environment risk in Argentina
Our analysis shows that the business environment risk in Argentina is high (5 out of 6), which is a high risk score in South America.
Economic freedom and rights has a big influence on the business environment risk in a country. The critical facts for Argentina in the table below:
In the above table, you can see, the property rights index is 46 in Argentina, which is considered low in South America.
The business freedom index is based on 10 indicators, using data from the World Bank’s Doing Business study. The Index is 60 in Argentina, a pretty average score for a country in South America.
Argentina's overall economic freedom index is 53 out of 100 and is based on factors such as the rule of law, regulatory efficiency, and market openness.
The political risk in Argentina
The political risk in Argentina is high, with a score of 5/6. This is a high political risk score in South America.
The governance and political stability indicators are important drivers for political risk. An overview of Argentina can be seen in the table below:
The rule of law index analyses to which extent agents have confidence in and abide by the rules of society, in particular the quality of contract enforcement, property rights, the quality of the courts, and the police's ability to enforce court orders.
When transacting business in a country, the rule of law index is critical as it describes your ability to enforce commercial contracts.
In Argentina, the rule of law index is at -0.46 points, with the score going from -2.5 (weak) to 2.5 (strong). Argentina has, therefore, a very low rule of law index, which means it is often close to impossible to enforce your contracts. We, therefore, recommend avoiding credits and recommend charging upfront payment instead.
Other drivers for the high political risks are the very weak control of corruption, the weak political stability index, and the medium-large shadow economy that is 24.99% of Argentina's GDP.
The commercial risk in Argentina
In Argentina, the commercial risk score is 3/4, which in our model is a medium score. This medium commercial risk score is relatively high compared to the average in South America.
The commercial risk is influenced by a country's international trade relationships. You can see some of the key facts for Argentina in the table below:
Argentina has a foreign exchange reserve of 39.65 bn. USD.
Argentina has a positive trade balance of 3.17% of GDP. This means that Argentina imports fewer goods and services than the country exports.
The annual growth of exports of goods and services has been growing 8.99% annually - now 18.3% of GDP. Import of goods and services represents 15.13% of the GDP in Argentina.
The financing risk in Argentina
We have calculated the financing risk to be 4/4, which equals a high risk. A high financing risk score is high for countries in South America.
The country's banking system, efficiency, and stability influence the financing risk. You can find the extra information for Argentina in the table below:
In Argentina, the credit information sharing index is 8 on a scale from 0 (low) to 8 (high). This means the accessibility and quality of credit information available in Argentina is high.
This makes it easy for you to understand the credit risk of your counterpart in Argentina. You should therefore be able to find a good local credit rating agency that can help you analyse the creditworthiness of your specific customers.
Your rights as a creditor are 2 out of 12 and, therefore, very weak.
The high financing risk for creditors also impacts the high interest rate in the private sector of 35.56%.
Debt Collection in Argentina: Frequently Asked Questions
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The debt collection process in Argentina can seem daunting, but it's manageable. The debtor is whoever owes money, and the creditor/invoice issuer is referred to as "the creditor". The payment landscape is consistently dismal, with an average of 30 days for invoices to be cleared. It's not advisable to initiate legal proceedings without conducting pre-legal action due to the frequent delays and procedural costs. Our standard process includes uploading your claim, amicable collection, and evaluation, followed by surveillance, legal collections, and debt enforcement. We can assist you throughout this entire process.
The debt collection process in Argentina involves three steps: pre-legal collection, legal debt collection, and debt enforcement. The process starts by uploading your claim onto a debt collection partner's website. Next comes the amicable collection, which tries to get the person who owes you money to pay or start a payment plan. If this fails, you may choose to either surveil the debt, start legal proceedings, or use debt enforcement. Debitura offers a free service to upload your claim and can assist you throughout the entire process.
If a debt remains unpaid and amicable agreements fail or if the debt is contested, legal options in Argentina include ordinary proceedings with civil lawsuit, debt enforcement, and insolvency proceedings. Legal actions require a local lawyer. Courts attempt to facilitate an amicable agreement before a 40-day evidentiary period begins. Insolvency proceedings can be used to liquidate the debtor's assets and distribute them among creditors. Out-of-court restructuring and simplified restructuring may be used with court validation, while liquidation proceedings are initiated if restructuring fails. Financial organizations have special insolvency proceedings.
The cost of debt collection in Argentina varies depending on the case. Debitura offers no-cure-no-pay for pre-legal collection with a success fee of 10-20%. Legal action costs vary and depend on the specific case and desired actions. Debitura can provide you with 3 quotes from the best debt collection lawyers in Argentina.
The duration of a debt collection process in Argentina depends on the debtor and the case. If resolved in the pre-legal phase, it usually takes 3-6 months. However, if legal action is necessary, it can take up to 12-18 months to collect the debt. Rest assured, our team has the expertise to handle the entire process efficiently and effectively.
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