Top-Rated Debt Collection Agency in India
Fast and reliable debt collection in India - no upfront costs, only pay for success. Request a FREE Consultation or upload your claim today.
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Recovering your debt in India is easiest with this method.
Debitura specializes in debt recovery in India, offering a full range of services such as accounts receivables management, debt collection notices, pre-legal and legal debt collection, and enforcement court proceedings, all performed by our experienced professionals. Our expertise in Indian debt collection laws and regulations allows us to provide quick and effective solutions to help businesses recover outstanding debts.
We offer unwavering assistance throughout the entire process.
A tailored approach to debt recovery.
"We have a team of over 500 experts specializing in international debt collection."
At the lowest cost, we have a success rate of 87%.
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MONEYGUARD is a startup India recognised BAD DEBT RECOVERY company with 18+ years of experience in our group of companies providing solutions for your pre-bad debt, bad debt problems. We increase a company's cash flow by recovering their unpaid invoices.
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Legal Thirst Associates is a full-service law firm based in India that has provided legal assistance in civil, criminal, and corporate fields since 1993. We take pride in our highly skilled team of advocates practicing in district and high courts across India since 1993. Our firm is registered under the Indian Partnership Act 1932, and MSME registered.
Legal services beyond boundaries. Primarily dealing in international commercial matters in various countries.
The Indian Lawyer & Allied Services is a Multi-City Business and Commercial Law Firm in India, specialising in a gamut of legal services. The Firm is further engaged in providing additional services under Allied Services to its Clients across the globe, to service their legal, business, commercial, and financial requirements. The Firm thereby acts as a one-stop shop for all professional needs of the Clients ranging from start-ups, business houses, high net worth individuals and multi-billion-dollar companies.
We are a Pan India Law firm headquartered in Kolkata and providing legal services to clients across the country. We provide both Litigation and Advisory services to our clients in multiple domain like Corporate, Banking, Cyber laws etc.
Srivastava & Associates., a Indian law firm, having office in New Delhi and have presence in more then 10 cities in India. The firm operates through integrated network in, Chennai (Madras), Mumbai , Ahmedabad ,Bangalore, Ahmedabad, Kolkatta, Noida, Gurgoan, Pune and Hyderabad, and gives specialized advice on legal debt recovery matters to companies in the manufacturing, banking, energy ,Information technology, and real property sectors
The ultimate guide about debt collection in India
Is your business dealing with a debt collection issue in India? Look no further! We have been assisting companies just like yours reclaim their money in India for years.
The process of collecting debts from Indian organizations can be daunting, since there are language and culture barriers to overcome as well as foreign laws to consider. Plus, the sheer distance between countries adds an extra layer of difficulty. But fear not – we're here to help!
The process of debt recovery is less strenuous when a collection agency that has a thorough understanding of the laws and customs in the country where someone owes money resides, carries out your request.
At Debitura, your customer's satisfaction is our foremost priority. We strive to get your money back while maintaining a good relationship with them and safeguarding your reputation through fair yet firm public relations efforts. If you are looking to collect the debt yourself and better understand India's debt collection process completely, then keep reading this guide! However, if working with a local law firm specialised in Indian debt recovery appeals more to you - we're here for that too!
Let Debitura help you reclaim your debt in India and more than 200 other countries! Simply upload your claim today, and within 24 hours we'll present you with 3 free quotes from local debt collection lawyers. We understand that having a people-oriented strategy is important when trying to collect debts while also preserving customer relationships, which is why our approach combines the latest tech-driven solutions with an understanding of human interaction. Our comprehensive method ensures results and better contact management - so get started now! Moreover, our debt collectors, attorneys, suppliers and vendors are important relationships we cherish. We recognize the value of each relationship whether big or small in helping us achieve success.
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Begin the process of collecting your outstanding debt in India at no cost today. Simply sign up for a free account and submit your case in as little as 2 minutes.
Pre-legal
We aim to collect your claim through our successful pre-legal recovery process in the initial 3 months. Our approach is 100% no-cure-no-pay.
Legal
In case your claim remains unpaid during the pre-legal phase, we offer you 3 quotes from our nearby debt collection attorneys.
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Introduction to collecting debt in India
Struggling to get paid back in India? We understand how tough it can be. That's why we make collecting debt as convenient and effortless as possible!
In the Indian context, those who owe a debt are called "the debtor", while those who issued the invoice or loan is termed "the creditor". If the original lender collects on their own, this falls under “first-party collections”; when another party is hired for collection services instead of them doing it themselves, that would refer to “third-party collections". Let us help you with either option so you can receive payment from your customers without difficulty.
- In India, Days Sales Outstanding (DSO) is considerable, with payments typically taking place around 75 days on average. Furthermore, there are no regulations for late payments and enforcing ownership protection may be a challenge.
- Navigating the court system can be a difficult endeavor, with lengthy delays and expensive costs making legal action practically impossible. Unfortunately, expedited proceedings are not an option for non-contentious debts either and enforcing foreign debt judgments would also present its own set of challenges.
- It's nearly impossible to make sense of the insolvency framework due to it comprising multiple, intersecting regulations implemented by diverse government agencies.
Days Sales Outstanding (DSO)
In India, payments are usually made in a period of 75 days on average. Although the payment culture is good, local partners generally require terms that involve taking 60+ days to pay off transactions - though only 20% can meet this timeline. In short, such conditions should not be approved. As for publicly-traded companies, their DSO (days sales outstanding) tend to be shorter; however they have seen an increment over recent years.
Common payment types in India
Popular payment methods that you can use include:
In India, swift bank transfers are rapidly rising in popularity due to their speed and security; the banking network is also becoming increasingly evolved both domestically and internationally. Nonetheless, if you are involved with export transactions then it's essential to ensure your transfer is guaranteed through Export Credit Insurance – this can help minimize any risks associated with unexpected customer insolvency.
To ensure the financial security of your customers, Allianz Trade have established a worldwide network of risk offices that constantly monitor their creditworthiness and determines an appropriate credit limit for trade operations. If something goes awry, you can be confident in claiming back any outstanding payments due to you - alternatively, Standby Letters of Credit issued by banks guarantee repayment abilities so as to provide reliable protection.
Documentary Letters of Credit, which are irrevocable and verified guarantees from a debtor to a beneficiary through an established bank for certain amounts of money after specific terms have been finalized between involved parties, can also be considered. However, these financial assurances tend to carry larger costs and require extended periods of time when obtaining them.
Therefore, it is wise and common to negotiate lower down payments. Post-dated cheques are frequently used since they not only serve as a method of payment but also provide the seller with legal (and even bankruptcy) rights if the check goes unpaid.
Common organizational structures in businesses
The legal structures that determine liability for business debts include the following:
- For sole proprietorships, small businesses owned by a single individual and not needing a legal framework, the owner has complete responsibility for any business debts. When two or more (up to ten in the banking business and up to twenty otherwise) individuals decide they would like to share ownership and responsibilities, a Partnership could be formed under the Indian Partnership Act of 1932. This allows for partners who are jointly, individually and unlimitedly liable for all actions taken by other members within the partnership. Alternatively, Limited Liability Partnerships (LLPs) may offer limited liability protection for its members through a registered agreement set out under the Limited Liability Partnership Act of 2008.
- Private Limited Companies, regulated by the Companies Act of 1956, are commonly preferred as an ideal legal entity due to their lack of predefined capital funds and limited liability for shareholders. However, when creating a larger framework with tradable shares in play then Public Limited Companies should be considered; where owners' liabilities are restricted solely to the value attributed to their respective stocks.
- Companies from other countries often establish themselves in India by forming Joint Venture Companies and Wholly Owned Subsidiary Companies (WOS). They can also create Representative Offices to perform liaison roles while not engaging in true business activities or producing income. Branch Offices, however, have the option of conducting their operations under Foreign Exchange Management Regulations.
- Prior to the implementation of The Companies Act, 2013, it was impossible for a single individual to create their own company. Their only choice was to pursue a sole proprietorship which required at least two directors and members. However, with the introduction of this new law an individual is now able to form their very own business without any obstacles. This act enables one person - both as director and member –to establish a limited liability corporation all on their own! Therefore, an individual who is a resident or non-resident Indian can create their own one-person company that combines the advantages of having a corporation and the perks of being in business by themselves. The OPC receives its legal identity separately from its member and safeguards them from potential losses; since any creditor can sue only the OPC instead of personally pursuing its director or proprietor for payment. In this way, liability is limited to each shareholder's shares alone – not to mention they no longer have personal responsibility regarding the firm’s possible failure.
The debt collection process in India
The process of collecting money that someone owes in India usually happens in more than one step.
The image below explains our standard process for collecting debt in India:
1 Upload your claim:
If you want someone else to help you get your money back, you will need to find a debt collection partner and upload your claim to their website. If you use Debitura, we will provide you with 3 quotes from local partners in the Asia country where your case is located. This is 100% free - no strings attached.
2 Amicable collection:
The collection process usually starts with sending gentle reminders to the person who owes you money. This is called a campaign. The reminders go through email, SMS, letter, and other ways of communication in the specific country. The goal is to get the debtor to pay or agree that they owe the debt and start a plan to pay it back. 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. Therefore, 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 choose what to do. There are three typical next steps:
A Surveillance:
If you owe someone less than 2.000-5000€, it is not worth it to take further legal action. In this case, we recommend "debt surveillance." This means we will keep trying to contact the person you owe money to and try to come to an agreement about how much they will pay you back.
B: Legal collections:
It's a good idea to begin a formal legal procedure if you're making a big claim. The way you do it will vary depending on the specifics of your claim. Generally, the whole process should take around a year and a half.
C: Debt enforcement:
If the person you think owes you money has agreed that they do, or if there is a court order, you can use the bailiff's court to get your money.
At Debitura, we are here to help you with every step of the process in India.
Amicable collection in India
At Debitura, we make Amicable collections a breeze! We offer you a 100% guaranteed risk-free and efficient process. Just submit your claim to us and our team will get started within 24 hours – it's that simple.
To retrieve what you are owed, we will employ all of the communication tools available in India—including electronic messages, texts, mailings, phone calls and social media.
We intend to do this with the goal of:
A) Secure the full payment of debt from the debtor, or
B) Obtain an acknowledgement from them and arrange a feasible payment plan.
If the debtor has denied your claim, you must start off with legal collections and cannot initiate an amicable resolution.
Late payment interest
Indian law does not specify a legal rate of interest for late payments, yet the courts routinely grant it when they rule in favor of one party. Notwithstanding this reality, debtors typically do not pay interest on overdue amounts if an amicable resolution is achieved between them and their creditors. In other words, though Indian law provides that payment of interest can be awarded by the court upon due consideration - even without any relevant agreement – friendly negotiations tend to bypass such measures altogether.
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amicable debt collection
Upload your claim and get started with our 100% no-cure-no-pay collection solution.
Legal collection in India
If your claim has not been paid after the amicable phase or if the debtor rejects it, we are providing you with 3 no-cost quotes from our local debt collection lawyers. In this legal stage, one of our close attorneys will contact your debtor and strive to reach a payment agreement. As well, our associates can take the case to court in India where they can secure an enforceable payment order that can be enforced through enforcement court proceedings.
Ordinary proceedings
If the amicable phase does not work or if a debtor disputes your claim, you have the legal option to begin proceedings. Unfortunately no fast-track route exists and success is unpredictable, but this is how it works: file a statement of claim with court that will then serve the defendant with summons if deemed acceptable. The respondent has thirty days (sixty for public entities) to either pay up or submit a defense.
If a claimant fails to respond in time, they can request the court for default judgment; however, courts tend to be lenient with this timeline. A hearing will then take place and evidence shall be presented and scrutinized before a decision is made. Furthermore, when there's doubt on the validity of evidence provided by claimants, judges are obliged to show favor towards defendants - hence why going into court during disputes may become rather precarious.
While courts normally grant remedies in the form of declaratory decisions, specific performance, compensatory damages or injunctions, they never provide punitive damages.
The court system in India is notoriously inefficient and sluggish, due to its quasi-federal structure. The country consists of twenty-eight States which each possess or share a High Court (for a total of twenty-four) and hundreds of districts that act as the District Courts. In most instances, commercial disputes must be presented at the district level where either the cause arose or where debtor resides/carries out business operations or works for personal gain; although, cases may vary depending on debt size involved.
The Delhi High Court grants supreme authority on the matter of debt recovery and is qualified to hear all claims, whilst the Bombay High Court (Mumbai) cannot preside over such cases. Meanwhile, specialized courts are responsible for managing particular financial issues like bank loans and competition law litigation, in addition to consumer protection matters.
To ensure you secure the best possible price, we suggest that you acquire multiple quotes to compare different lawyers. To easily accomplish this in a matter of moments, take advantage of Debitura's services! Legal costs may vary depending on the complexities and scale of your claim.
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legal debt collection
Upload your claim and get 3 FREE quotes from our local collection partners.
Debt enforcement in India
With a written acknowledgment of your claim from the debtor or court order, you can make use of India's bailiff court to have your claim enforced in India.
After a judgment becomes definite (i.e., no appeal is lodged within three months), enforcement of the domestic judgment may commence. In case the debtor fails to comply with the ruling, it is possible to petition for an execution order from the court by attachment and sale of their properties. Taking action to acquire an enforcement command can be avoided after twelve years have elapsed.
Everyone’s case is unique, so the process and associated cost of resolving your claim may vary. Let Debitura help you out - simply upload your information, and within 24 hours you will receive 3 customized quotes tailored to fit your needs!
Get started with
debt enforcement
Upload your claim and get 3 FREE quotes from our local collection partners.
Insolvency proceedings in India
If it appears that your debtor is unable to pay their obligations, you can commence with an insolvency process. The purpose of this undertaking is to dissolve their assets and allocate them among creditors according to the order of debt repayment.
- A financial creditor may institute a Corporate Insolvency Resolution Procedure (CIRP) against a debtor in the case of default of its own debt or the debt of any other financial creditor.
- An operational creditor is entitled to file an application only in the event of default of its own operational debt, but prior to that is required to issue a statutory demand notice on the debtor.
- The NCLT may admit the Application if: 1) A default has occurred and 2) The Application filed by the Financial Creditor is complete with no proceeding pending against proposed resolution professional.
- After collation of all claims and determination of financial position, resolution professional shall constitute Committee Of Creditors which usually comprises all Financial Creditors; they may approve plan by 66% majority or choose to liquidate company.
- Company will be liquidated if: 1) Committee Of Creditors rejects plan; or 2) during process, Committee decides saving company not viable.
- Priority rules normally apply whilst distributing proceeds which vary depending on legal framework considered but typically insolvency resolution process costs & liquidation costs rank higher than others debts such as those owed to secure creditors & wages/money.
Our analysis concludes that the risk of running a business in India is medium-low. Based on this medium-low score, we recommend being careful providing credit and considering charging upfront payment or using credit insurance when trading if you don't know the customer in India well. If possible, provide a short credit period or even better upfront payment. The medium-low risk score is based on the following factors:
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The economic risk in India
Economic risk in India is medium-high (4 out of 6). An economic risk of 4 out of 6 is pretty average in Asia.
GDP and economic growth are critical drivers for economic risk.
The GDP of India is 3173.4 bn. USD (2021), growing by 8.95% per year.
In terms of the size of its economy, India ranks #7 out of 183 countries and has a large economy.
Having a view at the growth rate, it is ranked #27 out of 183 countries and is therefore considered a fast-growing economy.
GDP per capita is 2277 USD, ranking India number #131 out of 183 countries. This means the purchasing power of citizens in India is low compared to the rest of the world.
You can see a more detailed picture of GDP and economic growth in India in the table below:
another critical driver for the economic risk score is the inflation rate and the interest rates. You can see a more detailed picture of monetary KPIs in India in the table below:
The inflation in India was 5.1% in 2021 which is considered a medium inflation rate.
Looking at the interest rate for businesses, it is 8.7%.
The business environment risk in India
Our analysis shows that the business environment risk in India is medium-high (4 out of 6), which is a pretty average risk score in Asia.
Economic freedom and rights determine the business environment risk in a country. The critical facts for India in the table below:
As you can see in the table, the property rights index is 59 in India, which is considered quite low in Asia.
The business freedom index is based on 10 indicators, using data from the World Bank’s Doing Business study. The Index is 77 in India, a decent score for a country placed in Asia.
India's overall economic freedom index is 57 out of 100 and is based on factors such as the rule of law, regulatory efficiency, and market openness.
The political risk in India
The political risk in India is medium, with a score of 3/6. This is a relatively low political risk score in Asia.
The governance and political stability indicators are vital drivers for political risk. An overview of India can be seen in the data 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 India, the rule of law index is at -0.08 points, with the score going from -2.5 (weak) to 2.5 (strong). India has, therefore, a low rule of law index, which means it often is very difficult to enforce your contracts. We, therefore, recommend avoiding credits and recommend charging upfront payment instead.
Other drivers for the medium political risks are the very weak control of corruption, the very weak political stability index, and the normal shadow economy that is 17.89% of India's GDP.
The commercial risk in India
In India, the commercial risk score is 1/4, which in our model is a very low score. This very low commercial risk score is low compared to the average in Asia.
The commercial risk is impacted by a country's international trade relationships. You can see some of the key facts for India in the table below:
India has a foreign exchange reserve of 638.48 bn. USD.
India has a negative trade balance of -2.05% of GDP. The meaning of this is that India imports more goods and services than the country exports.
The annual growth of exports of goods and services has been growing 21.07% annually - now 20.81% of GDP. Import of goods and services represents 22.86% of the GDP in India.
The financing risk in India
We have calculated the financing risk to be 2/4, which equals a low risk. A low financing risk score is relatively low for countries in Asia.
The country's banking system, efficiency, and stability influence the financing risk. You can find the critical facts for India in the table below:
In India, the credit information sharing index is 7 on a scale from 0 (low) to 8 (high). This means the accessibility and quality of credit information available in India is medium-high.
This makes it easy for you to understand the credit risk of your counterpart in India. Based on this, it should be possible to 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 9 out of 12 and, therefore, strong.
The low financing risk for creditors also impacts the high interest rate in the private sector of 8.7%.
Debt Collection in India: Your Frequently Asked Questions Answered
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In India, debt collection usually happens in several steps. Those who owe a debt are called "the debtor", while those who issued the invoice or loan are termed "the creditor". There are no regulations for late payments. Legal action can be challenging with lengthy delays and expensive costs. To collect debt, you can hire a third-party collection agency or pursue first-party collections. Debitura provides a free service to upload your claim and offers a no-cure-no-pay solution for amicable collection. If legal action is necessary, the process should take around a year and a half.
The debt collection process in India typically involves three steps: pre-legal collection, legal debt collection, and debt enforcement. The process begins with gentle reminders to the debtor to pay or agree on a plan to pay the debt. If amicable collection fails, the next step is evaluation, where factors such as the amount owed and likelihood of getting paid are considered. Debt surveillance is recommended for smaller claims, legal collections for bigger claims and debt enforcement is used when there is a court order or agreement from the debtor. Debitura can assist with every step of the debt collection process in India.
To collect debts legally in India, a civil lawsuit is required if the debt is disputed. Debt enforcement and insolvency proceedings are also options, but all legal actions require a local lawyer. The court system in India can be slow and unpredictable, and legal costs may vary depending on the complexity of the case. In case of an insolvency process, a financial creditor may initiate the Corporate Insolvency Resolution Procedure (CIRP) against the debtor. Priority rules are applied in distributing proceeds, and legal frameworks may vary.
The cost of debt collection in India depends on the specific case and desired actions. Debitura offers a no-cure-no-pay model for pre-legal collection with success fees between 10-20%. For legal actions, prices vary. Debitura can provide 3 quotes from the best debt collection lawyers in India.
The duration of debt collection in India may vary depending on the debtor and the case. If the matter is resolved in the pre-legal phase, the collection process usually takes 3-6 months. However, if legal action is necessary, the process may take 12-18 months. It is important to note that every case is unique, and the duration cannot be predicted with complete accuracy.
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