Top-Rated Debt Collection Agency in United States
Fast and reliable debt collection in United States - no upfront costs, only pay for success. Request a FREE Consultation or upload your claim today.
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"Recovering your debt in the United States is easiest through..."
Debitura is a debt recovery company specializing in United States debt collection. Our team of experts provides a wide range of services, such as accounts receivables management, debt collection notices, pre-legal and legal debt collection, and enforcement court proceedings. We have in-depth knowledge of United States debt collection laws and regulations that enable us to offer businesses efficient and effective solutions for recovering their outstanding debts.
We provide unwavering support from beginning to end.
Tailored debt recovery plan.
Over 500 debt collection experts available for international debt collection.
Our success rate is 87% while keeping the cost at its minimum.
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We are a full-service law firm that became influential in the practices of international alternative dispute resolution, debt restructuring, debt collection (debt recovery), and insolvency during the last ten years.
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The ultimate guide about debt collection in United States
Are you looking to recuperate a financial debt in the United States? You have come to exactly the right place! Our team has assisted hundreds of businesses with recovering their due funds.
Collecting debts from U.S based customers can be extremely difficult, mainly because of language and cultural obstacles, foreign laws and customs, or just pure distance - all these elements impose daunting barriers that seem insurmountable.
However, such recovery processes become less complicated when utilizing an agency fluent in both American law as well as local customs; thus enhancing your chances for obtaining what is rightfully yours!
At Debitura, we prioritize people first; doing everything in our power to get the money back while maintaining a positive relationship with your clients. Our strategic public relations approaches are both equitable and resolute- making sure that keeping up your reputation is number one! If you aspire to collect debt yourself and comprehend American debt collection procedures comprehensively, keep reading this guide. However if you prefer working with a local law firm expertised in US debt recovery solutions- then look no further: We have got it all covered for you!
Cut your debt collection time in half with Debitura! Our technology-driven solution combines a personalized touch and the latest innovative solutions to help you get the results you need for better contact management, all while ensuring customer relationships stay intact. Get started now - just upload your claim and we'll provide 3 free quotes from local debt collection lawyers within 24 hours. We cover +200 countries worldwide, so no matter where in the world they are located, our comprehensive approach makes collecting easy! Moreover, the relationships we have with our debt collectors, attorneys, vendors and suppliers are invaluable to us. Whether they be small or large in size, each of these connections is highly valued by us and helps us get things done quickly and effectively.
Upload claim
Begin the debt collection process in the United States today without any cost. Simply create a profile for free and upload your case in just two minutes.
Pre-legal
During the initial 3 months, we utilize our successful pre-legal recovery method to attempt to collect your debt. Our process offers a 100% no-cure-no-pay guarantee.
Legal
If your claim remains unpaid in the pre-legal phase, we offer three quotes from our local 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 United States
Struggling to collect debt in the US? We understand how daunting that can be, which is why we make it simpler for you to receive payment from your customers. In American debt collection, those holding the invoice are known as creditors while the entity responsible for paying back debts is called a debtor.
If you're collecting this debt on behalf of yourself then this process is referred to as first-party collections; however if you outsource this task to another individual or organization then it's considered third-party collection instead. Regardless of what route you take rest assured that with our help getting paid will no longer be an issue!
- With fewer reliable payment terms in local companies, the lack of an organized framework on late payments has made it difficult to establish dependable cash flow. In addition, many organizations now have higher Day Sales Outstanding (DSO) than before due to their reliance on contractual agreements without industry standard regulations.
- Navigating the court system can be incredibly complex and overwhelming due to its multi-level structure; with few protective measures in place, resolution for even simple cases is often hindered by a plethora of delays and expenses. This issue is further compounded by a lack of simplified proceedings that make it difficult to enforce rulings.
- When a debtor becomes financially incapable, debt collection turns into an intricate process. The bankruptcy system is still inclined to aid the debtor and making a company insolvent isn't always the most ideal way of attaining payment. Based on experience, bankruptcy reorganization requires many resources but rarely rewards general unsecured creditors with any dividend at all.
Days Sales Outstanding (DSO)
In the United States, it is generally expected that payments will come through within 28 days. However, due to large companies imposing delays of five to ten days more often, this timeline can be pushed back by a considerable amount. For larger sales or exclusive customers, terms may even stretch as far out as 90-120 days!
Businesses have taken a more lenient approach to invoices, granting suppliers extended terms without querying or negotiating further. This dangerous trend has caused alarm amongst businesses that depend on timely payments from their own clients.
Companies are often dismissive of the concept that invoices should be paid promptly, not understanding that 30-day terms or any type of credit is a privilege and not something they have an inherent right to. Unsurprisingly, it's usually the larger companies who take advantage of their suppliers' generosity and dependence on them for business. The days sales outstanding (DSO) for listed companies has slightly increased in recent years due to this trend.
Common payment types in United States
In the U.S., checks are still the most widely accepted method of payment, yet businesses more and more rely on ACH and wire transfers due to their speediness, security, as well as a developed banking network both locally and globally. To reduce risks associated with sudden customer insolvency in export transactions, companies may acquire Export Credit Insurance policies for extra assurance.
Allianz Trade's global risk offices monitor customer financial stability to provide them with a credit limit they can use for trading and up to which customers are insured in case of any issues. Letters of credit have become outdated, taking too long and being expensive. Therefore, due to the economic hardships we face today, advance payments or sight payments are much more preferred options.
Core Corporate Structures
Legal structures determine the liability of business debts, and they are detailed as follows:
- If you're operating a small business on your own, then Sole Proprietorship is the perfect fit for you - as there's no need to set up an official corporate structure.
- In this situation, the proprietor is responsible for all corporate obligations. Two or more individuals may also choose to share ownership and duties via Partnerships, in which case both partners could be held jointly and individually liable for each other's decisions. Alternatively, Limited Liability Partnerships offer restricted accountability to the associates.
- LLCs, S Corps and C Corps represent the bulk of businesses due to their ability to protect shareholders from personal liability - as long as fraud can't be proved. A Board of Directors is chosen by the shareholders in a corporation structure; meanwhile different capital necessities may apply based on where you've registered your organization. With this sort of corporate shield, business owners are shielded against any legal repercussions that arise unless proven otherwise.
The debt collection process in United States
When it comes to debt collection in the United States, there is typically a multi-step procedure that must be followed.
The image below explains the process that we use in the United States to collect debt from people.
1 Upload your claim:
Unless you want to get your money back yourself, you will start by finding a company that collects debts. You will give them information about the money you are owed, and they will try to get the money for you. If you use Debitura, we will give you 3 quotes from local companies in North America that might be able to help you. This is free - no strings attached.
2 Amicable collection:
The collection process usually starts with sending reminders to the person who owes you money. These reminders can be sent by email, text, or letter. The goal is to get the debtor to pay or agree to 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, therefore 100% risk-free!
3 Evaluation:
If you have not received payment after trying to work things out, it is time to look at what to do next. We will look at how much money you are owed, the chance of getting paid and other factors. There are three typical next steps:
A: Surveillance:
If your claim is for less than 2,000-5,000 euros, it is not worth it to take any more legal action. In this case, we recommend "debt surveillance," where we will keep trying to contact your debtor and try to negotiate a friendly settlement.
B: Legal collections:
It is a good idea to start a legal process if you have a big claim. The steps you need to take will vary depending on the kind and amount of your claim. Usually, it takes about a year and a half to finish the process.
C: Debt enforcement:
If the person you are asking for money from agrees that you are owed money, or if a judge has said you are owed money, you can go to the bailiff's court to get the money.
At Debitura, we offer comprehensive assistance with the entirety of your US immigration process. Let us guide you through each step seamlessly and effortlessly!
Amicable collection in United States
At Debitura, we guarantee a totally secure and highly effective process for Amicable collections. Submit your claim with us today, and let our experts get to work in no time; within 24 hours we will have already begun!
In order to contact your debtor in United States, we will leverage all available channels such as emails, text messages, letters, phone calls and social media.
This process strives to:
A) Secure full payment from the debtor or
B) Promptly set up a repayment plan and get acknowledgment of the debt.
Should the debtor have contested your claim, the only way to achieve resolution is to initiate a legal collections process—amicable negotiation is no longer possible.
Late payment interest
Payment terms are contractual matters that can be freely negotiated by the two parties. When payment is not processed in a timely manner, interest should be applied according to the legal rate of applicable state law or any other agreement agreed upon between them. If no such explicit arrangement exists, then creditors may charge whatever legally permissible amount of interests within their respective states.
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 United States
If an amicable resolution fails to result in payment or the debtor disputes your claim, we will supply you with three free quotes from our local debt collection attorneys. Then, one of these lawyers will contact the debtor and attempt to negotiate a settlement on your behalf. Our partners also have access to U.S court systems for obtaining a legal order for repayment, which can then be used to enforce your claim through enforcement court proceedings.
Ordinary proceedings
If the debt is uncontested and undisputed, a creditor may submit an application for summary judgment. In theory, acquiring a summary judgment should only take between nine months to one year; however, this is not always the reality in practice. The debtor's lawyer will likely request delays (lasting from six months to a year) with the ultimate goal of extending the date of trial so their client can have more leverage during settlement negotiations.
If amicable collection attempts remain unsuccessful, a creditor may commence legal action. This involves filing a claim with the court before serving summons to the debtor who in turn has up to thirty days (in most jurisdictions)to provide their defence. Depending on location and resources available, acquiring an enforced judgment could take as long as one year if no opposition is presented. Since American proceedings require discovery for proceeding validity; parties are expected supply evidence that supports their argument prior to beginning trial.
Courts, from state to federal levels, regularly grant remedies such as damages, injunctions or specific performance in debt collection cases. Punitive damage awards are an exception rather than the norm.
The United States is composed of fifty individual states, plus the federal district Washington D.C. Each state upholds its own set of regulations and courts. Usually disagreements are solved in a State or County Court of general jurisdiction, although if it relates to an international trade agreement or when both parties involved reside in different states with a total balance exceeding USD $50 000 (approx. EUR €42 000), then the dispute must be resolved at one of the Federal District Courts instead.
To guarantee you get a competitive price for your legal services, it is wise to compare multiple quotes from different attorneys. Debitura makes this effortless by allowing you to do so with just a few clicks. Additionally, the fees vary depending on the complexity and scale of your claim. Utilize Debitura today to find the best attorney for your needs!
Get started with
legal debt collection
Upload your claim and get 3 FREE quotes from our local collection partners.
Debt enforcement in United States
If you possess a valid written validation of your claim from the debtor, or court order, then you can take advantage of the bailiff's court in United States to enforce it across US boundaries.
When a creditor is awarded a judgment, it does not guarantee payment; instead, the ruling grants them additional privileges such as being able to sell assets or garnish wages. Unfortunately, in some cases of judgments against debtors who are "judgment-proof" (i.e. with no remaining assets), they go unpaid across the United States.
Unlock the details of your situation and associate costs swiftly with Debitura. Simply upload your instance to us, and get three distinct quotations tailored to you within a day!
Get started with
debt enforcement
Upload your claim and get 3 FREE quotes from our local collection partners.
Insolvency proceedings in United States
In the event that your debtor is unable to pay off their debts, you can initiate an insolvency procedure as a final resort. The purpose of this process is to liquidate the assets of the debtor and distribute them amongst creditors in accordance with debt priority guidelines.
- Chapter 11 bankruptcy proceedings allow debtors and creditors to reorganize debt in order to avoid liquidation.
- Creditors have a maximum of 18 months to present a plan for reorganization and debt rescheduling. After this period, the creditors may present their own plan and submit it to the court in order to obtain approval by the creditors’ committee.
- During the reorganization procedure, a restraining order prevents financial and trade creditors from collecting debt or enforcing decisions so as to preserve cash flows. The debtor company’s management remains ‘in possession’ and continues to run the daily business operations, though a restructuring officer is often added out-of-court solutions preferable prior initiating any further action .
Our analysis concludes that the risk of conducting business in USA is low. Based on this low score, You can feel reasonably confident that you will be able to get paid when trading with customers in USA. Nonetheless, we always recommend doing a specific credit analysis on an individual customer basis before offering any credit. The low risk score is based on the following factors:
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The economic risk in USA
Our conclusion based on the economic risk factors, is that the economic risk in USA is very low (1 out of 6). An economic risk of 1 out of 6 is low in North America.
GDP and economic growth are critical drivers for economic risk.
The GDP of USA is 22996.1 bn. USD (2021), growing by 5.67% per year.
In terms of the size of its economy, USA ranks #1 out of 183 countries and has a large economy.
Having a view at the growth rate, it is ranked #67 out of 183 countries and is therefore considered a fast-growing economy.
GDP per capita is 69288 USD, ranking USA number #7 out of 183 countries. The result of this is purchasing power of citizens in USA is high compared to the rest of the world.
You can see a more detailed picture of GDP and economic growth in USA in the table below:
Another significant influencer for the economic risk score is the inflation rate and the interest rates. You can see a more detailed picture of monetary KPIs in USA in the table below:
The inflation in USA was 4.7% in 2021 which is considered a medium inflation rate.
The interest rate for businesses is 3.25%.
The business environment risk in USA
Our analysis shows that the business environment risk in USA is very low (1 out of 6), which is a low risk score in North America.
Economic freedom and rights determine the business environment risk in a country. Take a look at the important facts for USA in the table below:
As you can see in the table, the property rights index is 80 in USA, which is considered quite good in North America.
The business freedom index is based on 10 indicators, using data from the World Bank’s Doing Business study. The Index is 83 in USA, a good score for a country in North America.
USA's overall economic freedom index is 75 out of 100 and is based on factors such as the rule of law, regulatory efficiency, and market openness.
The political risk in USA
The political risk in USA is very low, with a score of 1/6. This is a low political risk score in North America.
The governance and political stability indicators are critical drivers for political risk. An overview of USA can be seen in the graphs 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 doing business in a country, the rule of law index is critical as it describes your ability to enforce commercial contracts.
In USA, the rule of law index is at 1.42 points, with the score going from -2.5 (weak) to 2.5 (strong). USA has, therefore, a very high rule of law index, which means you have a very good chance of enforcing your contracts. If your individual customers have good creditworthiness, you should therefore feel relatively safe when providing credit.
Other drivers for the very low political risks are the average control of corruption, the weak political stability index, and the small shadow economy that is 7% of USA's GDP.
The commercial risk in USA
In USA, the commercial risk score is 3/4, which in our model is a medium score. This medium commercial risk score is pretty average compared to the average in North America.
The commercial risk is impacted by a country's international trade relationships. You can see some of the key facts for USA in the table below:
USA has a foreign exchange reserve of 716.15 bn. USD.
The financing risk in USA
We have calculated the financing risk to be 1/4, which equals a very low risk. A very low financing risk score is low for countries in North America.
The country's banking system, efficiency, and stability influence the financing risk. You can find the critical facts for USA in the table below:
In USA, the credit information sharing index is 8 on a scale from 0 (low) to 8 (high). The result of this is accessibility and quality of credit information available in USA is high.
This makes it easy for you to understand the credit risk of your counterpart in USA. 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 11 out of 12 and, therefore, very strong.
The very low financing risk for creditors also impacts the medium interest rate in the private sector of 3.25%.
Debt Collection FAQs in the United States
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In the United States, debt collection involves a multi-step process that requires creditors to follow specific procedures. First-party collections refer to collecting debt on your own behalf, while third-party collections involve outsourcing the task to another individual or organization. The debt collection process typically begins with amicable collection through reminders and payment plans, followed by evaluation and, if necessary, legal collections or debt enforcement. At Debitura, we provide free quotes from local debt collection companies and offer a risk-free no-cure-no-pay solution for amicable collection.
The debt collection process in the United States has three main steps: pre-legal collection, legal debt collection, and debt enforcement. A debt collection company will start by collecting information about the debt, and then try amicable collection through reminders to the debtor. If that doesn't work, the collection company evaluates the situation and may recommend surveillance, legal collections, or debt enforcement to recover the debt. At Debitura, we offer free quotes and a risk-free no-cure-no-pay solution for amicable collection.
Legal options for debt collection in the United States include civil lawsuits for undisputed debts and enforcement court proceedings for repayment orders. If a debtor disputes the claim, a local lawyer is required. Insolvency proceedings as a final resort can be initiated, such as Chapter 11 bankruptcy, which allows for reorganization of debt to avoid liquidation. The debtor's management typically remains in possession during this process, but a restructuring officer may also be added for out-of-court solutions. Each state has its own regulations and courts, and it's wise to compare multiple quotes from different attorneys for best results.
The cost of debt collection in the United States varies depending on the case and desired actions. Debitura offers a no-cure-no-pay model for pre-legal collection with a success fee between 10-20%. For legal actions, the cost will depend on your specific case. Debitura can provide you with 3 quotes from the best debt collection lawyers in the United States.
The length of time it takes to collect a debt in the United States depends on the specific circumstances of the debtor and the case. If the case can be settled in the pre-legal phase, the process usually takes between 3 to 6 months. However, if legal actions are necessary, the collection process may take between 12 to 18 months.
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