I would like to start with the fact that it is impossible to do without information support in collecting bad debts. This is the most inform. security can be provided with varying degrees of success by bailiffs, lawyers or even a good, good friend of a creditor. But from my own experience I can say that these services are most competently and efficiently provided by a private detective or a detective agency, of course, only subject to highly professional detectives.
As for the work of my agency, before undertaking an order, we carefully study our potential client (a person interested in receiving information) and do not hide this. We undertake work if we have reason to believe that the information collected will be used strictly in accordance with applicable law. We always reserve the right to refuse to complete an order. Unfortunately, in the practice of detectives there are clients who have the desire for criminal purposes to use the collected invoice.
Now let's pay attention to the very moment the debt arises. In case of non-payment of funds within the period established by law or contract, a debt is formed. The reasons for its formation may be different. Identifying the true causes and circumstances of the formation of debt is one of the areas of activity of a private detective, not directly related to recovery. Depending on the nature of the debt received from the private investigator, one or another managerial decision can be made that helps to build financial relations with the debtor. For example, if the reason for the formation of debt is the investment of funds in the expansion of the enterprise, the opening of new facilities, activities, etc. - Perhaps the continuation of cooperation, the provision of installments, new supplies and services. If the delay in fulfillment of obligations is caused by circumstances such as an unreasonable lack of funds in the accounts, a large payable without objective reasons is accompanied by the closure of offices, etc. - immediate collection actions. The highest aerobatics in our work is to obtain carefully concealed information about the insolvency of the organization in the absence of objective indicators. This is a deliberate preparation for the closure of the enterprise “in one day”.
Further, I propose to consider specific examples of the work of private detectives directly affecting the final positive result of the collection process:
1. Establishing the location of the executive body of the legal entity (usually the director) is a sufficiently effective measure to conduct negotiations, search for compromise solutions to the problem, etc.
2. the establishment of the property of the debtor, which may be levied for debt repayment - for timely and prompt adoption of interim measures when applying to the court;
3. search for movable property while hiding from foreclosure is a very common service. The debtor is often tempted to hide the location of property for a long period of time. As a result of the work of detectives, there is the possibility of a real withdrawal.
4. collection and transfer to law enforcement bodies of the necessary information to initiate a criminal case against the debtor (representative of the debtor) in case of signs of corpus delicti As a rule, criminal cases are brought under Art. 159 of the Criminal Code - fraud, Art. 177 of the Criminal Code - malicious evasion of repayment of payables, art. 312 of the Criminal Code of the Russian Federation - illegal actions in respect of property subjected to an inventory or seizure or to be confiscated.
5. In the process of collecting debts between legal entities (IP), all previous types of detective services are applicable. However, in practice, in the arbitration process it is necessary to provide real evidence confirming the need for interim measures. According to paragraph 13 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated December 9, 2002. No. 11 arbitration courts should not take interim measures if the applicant has not substantiated the reasons for applying for a reference to specific circumstances confirming the need for interim measures and has not provided evidence supporting his arguments.
I consider this point necessary to highlight separately - cooperation with a detective agency in the process of carrying out commercial activities significantly reduces the risk of the occurrence of the “problem debt” phenomenon, since the decision maker will always be provided with the information necessary for competent management decisions.