Conform unui raport publicat de agentia olandeza de colectare debite Justus International, cel mai ineficient sistem de colectare amiabila a debitelor si cea mai slaba dezvoltare a industriei de colectare a debitelor dintre tarile Europene o are Romania si Bulgaria, se arata intr-un comunicat al Urban&Asociatii.
Daca pentru Bulgaria, care are o populatie de circa 8 milioane de locuitori, se poate explica aceasta slaba dezvoltare, totusi pentru Romania, raportul este suprinzator, intrucat tari cu populatie mult mai mica asa cum este Slovenia, Croatia sau Slovacia cunosc o dezvoltare a acestui segment extrem de puternica.
Romania si Bulgaria sunt trimise direct pe ultimul loc si pentru ca nu au o lege care sa normeze activitatea de colectare a debitelor, cat si pentru faptul ca putinele agentii de colectare debite din aceste tari nu sunt inca acceptate sa colecteze creantele bugetare ale statului, datorita mentalitatilor locale in care decizia politica si coruptia politicienilor, precum si cea a functionarilor, este inca un factor decisiv care influenteaza negativ inclusiv bugetele acestor tari.
Si aceasta pentru ca exista o legatura de cauzalitate directa si nemijlocita intre haosul din jurul colectarii taxelor si impozitelor, si uriasele arierate existente in economiile nationale ale celor doua tari.
Ca o completare la acest studiu, care face o paralela intre Romania, Bulgaria si Turcia, agentia de colectare debite Urban si Asociatii, care a furnizat in 2007 circa 23% din totalul falimentelor inregistrate la instantele de judecata romanesti, arata faptul ca, in circa 98% din falimentele deschise in Romania, se inscriu cu creante de incasat si autoritatile locale sau centrale, care reclama neincasarea taxelor si impozitelor, demonstrand astfel faptul ca orice faliment din Romania antreneaza implacabil si bani publici care in cele mai multe cazuri nu se mai recupereaza vreodata, se precizeaza in comunicat.
Debt collection in Turkey, Bulgaria and Romania
It is really awkward when you have a business partner that does not fulfil his paying dues. When after several requests to pay the debt, the debtor still refuses to pay, it is time to undertake serious steps. The most efficient and logical step is to call in a debt collection agency.
A debt collection agency will mostly try to collect the debt through an out of court procedure. De debtor will be traced (when he is unknown) and often it is recommendable to also carry out a solvency investigation. Then they will attempt through personal conversations to reach a payment agreement between the debtor and creditor. When an agreement like this can be reached, it will not have any further going consequences for both parties. However, the debtor will have to pay the debt within a certain period of time. This agreement is also called an amicable settlement.
The last couple of years, doing business with countries as Turkey, Bulgaria and Romania has grown a lot. Especially Turkey has developed and modernised itself a lot in the last few years. It offers a lot of perspectives for foreign investors. A lot of countries, spread over the whole world are importing and exporting goods and services to these countries.
Because of this, it can occur that debts that are very difficult to collect can remain open.
Collecting a debt in these countries is not as we are generally used to in Western Europe. Although these three countries are situated not far from each other, each country has so its own debt collection procedure.
In Turkey it is a wise idea to avoid going to court. A litigation often takes very long and most of the time it does not deliver the result that were hoped for. Debtors are more willing to pay when they are approached by a debt collection agency personally to reach an agreement. This saves you from an expensive and time-consuming litigation. When you try to reach a settlement out of court, the chance is a lot bigger that business relationships continue to exist, while when you take the case to court it is almost certain that the business relation ends.
Debt collection is rather unknown in Turkey. Except the over 13 years of experience that Justus International has gained through the years, there are less other businesses that are specialised in debt collection in Turkey. Most large companies (multinationals) have their own debt collection department within the company itself to collect the outstanding debts.
In Bulgaria it is, in contradistinction with Turkey, a lot more efficient to go to court directly when you want to collect an outstanding debt. This is because of the fact that it has a minimal effect when you try to collect it from the debtor yourself or when you hire a debt collection agency that tries to do an out of court procedure. We can enumerate a couple of reasons for this:
Debt collection agencies are rather unknown in Bulgaria and the consumers do not have any faith in them.
There are lots of debt collection agencies that are illegal or occupied in the criminal circuit.
Debt collection agencies do not have a big effect on debtor yet, because these agencies do not yet have the status in Bulgaria as debt collection agencies have in other countries.
In Romania, both ways can be efficient. It is recommendable to first have a look at what kind of debt needs to be collected. If the outstanding debt is in cash and mature and the creditor has a good chance to receive his or her money, the most effective way to collect this debt is to hire a lawyer or debt collection agency to start a payment summon procedure. Collecting debts through a procedure in court in Romania is valuable and often takes a lot of time. It is therefore wise to know for sure that there is a good chance that you get back your money before starting the litigation. A payment summon procedure is the cheapest and shortest legal procedure in Romania.
It is of course also possible to try to reach a settlement outside of court. This is recommendable when the amount of the debt is not determined or when there are questions about the reason of the debt. To try and reach an amicable settlement is than the fastest and cheapest way to collect a debt. There is however no guarantee that you will actually get your money when you try to reach an amicable settlement. In Romania, the lack of certain laws, allow the debtor to delay the recovering debts procedure a lot.
