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Debt Collection India: Collecting
your money quickly and efficiently
Do you have customers in India who are not paying an invoice? Or do you have other unpaid debts in India? Trying to collect your money from the other side of the world can be a daunting task. Fortunately, the international debt collection specialists at Collection Company are ready to assist you.
With a proven debt collection strategy, fair debt collection practices and the help of local specialists such as Indian bailiffs, legal experts, and attorneys, we ensure you get what you are entitled to.
- Nationwide coverage in India
- One dedicated English speaking contact
- Proven track record
- Tailor-made services for each case
- Expert advice and a transparent process
- 24/7 online access
Specialized in Indian Debt Collection
When dealing with outstanding payments in India as a foreigner, you are all of a sudden confronted with a different (trade) culture and different laws and regulations. This makes it complicated and time-consuming for you as a creditor to collect your money.
Collection Company specializes in international debt collection services. For a successful debt recovery we use our broad network of lawyers, attorneys, and bailiffs in India. Together with them, we ensure a quick and efficient collection of your money.
As a client, you always communicate with our English-speaking debt collectors, who coordinate the procedure. Therefore, you do not need to maintain contact with our specialists in India and will not be affected by the time difference or a language barrier. You can follow the progress of the procedure via our Online Cockpit.
When you transfer your claim to us, we work with our local debt collection experts to ensure a careful collection process. Our international debt collection expert guides the process and keeps you informed of the progress. Additionally, you have access to your own Online Cockpit, where you can monitor the status yourself.
Why Collection Company for your debt collection in India?
- Global coverage
- One dedicated English speaking contact
- Experienced debt collection specialists with knowledge of Indian legislation
- Broad network with local lawyers and bailiffs
- Seamless connection from extrajudicial to judicial action
- Effective local approach
- 24/7 tracking through your own Online Cockpit
Submit your claim now
Have you waited long enough for your money? Fill out the contact form and our debt collector will contact you as soon as possible to discuss your claim in India.
How does debt collection work in India?
Debt collection in India can be divided into two phases: the extrajudicial and the judicial phases. Usually the debt collection process begins with an extrajudicial collection, meaning we attempt to recover your debt without going to court. We do this by contacting your debtor and sending reminders.
If your debtor still does not pay, we take legal action and summon your debtor to an Indian court. In this process, we closely collaborate with the best lawyers and legal experts in India.
- Upload your invoice online
- We'll start your case
- We'll start with the debt collection process
- Together we decide the best strategy for collecting your debts
- Monitor the status of your case 24/7
- Any questions? Your personal accountmanager will answer them all!
- Your invoice is payed
Out-of-court debt collection
Do you have a client who is not paying an invoice or other outstanding debts in India? Our collection agency uses a careful out-of-court collection strategy for cross-border claims. An out-of-court (or amicable) debt recovery is generally the fastest and most efficient way to recover your claims.
Moreover, an amicable collection is the best way to ensure customer retention. By not immediately taking your debtor to court and sending communications on your behalf, your relationship with the customer is not damaged straight away.
During the out-of-court collection process, we contact your debtor 16 times over a three-week period. We send payment reminders and late payment notices. We also call and email your debtor. During the process we gradually increase the pressure. Finally, we send a final notice to your debtor, informing them that we will take legal action if the owed amount is not paid by the specified date.
Fortunately, most debtors choose to pay the outstanding receivable during the out-of-court phase. In that case, you will have your money in your account within three weeks.
Legal procedures in India
What if your debtor still refuses to pay even after our amicable debt recovery efforts? Then there’s no other choice but to take legal measures. Fortunately, Collection Company has all the resources to initiate legal proceedings and bring a lawsuit to a successful conclusion. Together with Indian lawyers and legal experts, we substantiate the validity of your claim before the court and ensure that you receive what you are entitled to.
How does the legal process work?
The lowest court in India is the District Court. We need to file your claim with the District Court in the district of your debtor. Your debtor then has 30 days to either pay the owed amount or file a defense. If your debtor fails to do so, the judge will issue a default judgment, almost always in favor of the creditor.
If your debtor contests the claim, a hearing will be scheduled in which both parties can present their view on the case. The judge will review the evidence and make a ruling.
Appeal
Both parties can appeal decisions of the district court to the State Supreme Court in the state where the district is located. The State Supreme Court will review the case and issue a new ruling.
Arbitration
A commonly used alternative to a lawsuit in business disputes is arbitration. This is a form of private justice. Both parties agree not to fight the case in court but to resolve the dispute before an arbitration panel. The arbitrators are usually appointed by the parties themselves.
Arbitration is also a legally valid means in India. Both parties must agree in advance that business conflicts will be resolved through arbitration (for example, by including this in the contract or the general terms and conditions). They can also decide this after the conflict has arisen. Once arbitration is chosen, it is no longer possible to go to court.
The advantage of arbitration is that you do not have to wait for the court to have time to handle the case. Also, there is (depending on the agreements made) no possibility of appeal. This means the case is less likely to drag on. Additionally, an arbitration procedure can take place behind closed doors.
India has signed the New York Convention. This means that the country recognizes arbitration awards and ensures their enforcement.
Enforcement procedures in India
It is common for a debtor to not fulfill their obligations even after a court ruling. In such cases, we need to have the court’s judgment enforced by a bailiff.
For this, we file a request for execution of the judgment at the district court in the debtor’s district. The judge will then instruct a bailiff to enforce the judgment. The bailiff can seize assets and sell the debtor’s valuables. Additionally, the bailiff can levy bank accounts and other financial assets. From the proceeds of the seizure, the creditor will be paid.
Interim attachments
To prevent your debtor from hiding or moving assets, it is possible to take precautionary measures. At the beginning of the legal procedure, we can ask the court to secure your debtor’s assets and freeze bank accounts until a court ruling is made. This ensures that a later court judgment can actually be enforced. The court can issue an attachment order to a bailiff without informing your debtor in advance.
Bankruptcy in India
Does your debtor claim they are unable to pay the bill? We hear that often enough. Your debtor has an agreement with you, and you are entitled to your money. If your debtor does not fulfill their payment obligations, we can file for their bankruptcy.
When your debtor is declared bankrupt, they lose all their assets or the business is closed. Therefore, a bankruptcy filing is a very strong pressure tool. Your debtor will do everything possible to avoid bankruptcy and, nine times out of ten, will pay the debt after all. Once we receive the money, we can halt the bankruptcy procedure.
If your debtor still does not pay the outstanding amount, we proceed with the bankruptcy filing. In that case, a so-called insolvency professional is appointed by the court. This independent party reviews your debtor’s financial situation and investigates whether there are additional creditors. The insolvency professional then advises whether a debt restructuring is possible. If not, the bankruptcy is declared. In that case, your debtor’s assets are liquidated and the creditors are paid (as much as possible).
More information?
Looking for an international debt collection specialist who can assist you throughout the entire debt collection process? Fill in your contact details, and we will get in touch with you as soon as possible.
Legal fields of debt collection
Whether it’s unpaid invoices, compensation claims, or other overdue debts, Collection Company recovers your debt.
Our collection specialists assist you with claims in the following legal areas in India:
- Construction law
- Leasing and renting
- Purchase and sale
- Employment law
- Agency agreement
- Transport
- Damages and unlawful conduct
We not only handle collections directly for creditors but also for intermediaries such as lawyers and accountants.
Other professional services in India
- Reliable advice on contracts and terms
- Credit information about companies in India
- Disputes including issues like Retention of Title and right of recourse
- Mediating in reaching private settlements and agreements
Submit your claim in India
You can submit your claim directly to us via our debt collection registration form. Would you like to consult with a debt counselor first? Leave your details or call us at 070 – 762 0330.
Free advice on debt collection in India
Submit your personal information and plan your free consult.
FAQ: Frequently asked questions about debt collection in India
FAQ: What do we need for a debt collection in India?
To ensure that your claim holds up in court, we need evidence to support your case. This could include signed contracts, purchase agreements, and sent invoices.
It often happens that a file is not immediately complete. This is not a problem. Together with our debt collection specialist, you can investigate which documents you do have on hand to substantiate your claim.
If possible, we would appreciate receiving (copies of) the following documents:
- Contracts or agreements, emails discussing the arrangements, a fax confirmation, etc.
- A summary of the arrangements made
- Invoices
- Reminders
- Terms and conditions
- Proof of delivery
FAQ: Is a retention of title clause valid in India?
Usually, ownership of goods is transferred to the buyer at the time of delivery. It is possible in India to agree on a retention of title. This is an additional condition whereby the buyer only becomes the owner of the delivered goods once the invoice has been fully paid.
FAQ: What languages are spoken in court in India?
In India, Hindi is considered the official language and English as the second language. In most states, Hindi is the language used in court. However, there are also states where English is used during legal proceedings.
FAQ: Why Collection Company for debt collections in India?
If you hire an Indian debt collection agency or debt recovery agency, you will face a significant time difference and likely a language barrier. Additionally, as an international creditor, it is difficult to assess which collection agencies in India you can trust. Many commercial debt collection agencies only handle the amicable phase, so for any legal proceedings, you would need to find a lawyer or attorney in India.
With our debt recovery services we can manage the entire debt collection process, from the amicable phase to legal proceedings. We collaborate with reputable Indian lawyers and attorneys. As a creditor, you will have an English-speaking contact person who coordinates the procedure.
Why 40.000 customers tried our services
- The #1 collection company in the Netherlands and abroad
- Regional & local specialists
- Years of experience with international invoices
- Your own personal contact
- Extensive advice on the legal process
- Monitor the status of your case 24/7
Meet our specialized legal team
Joost Konings LLMLaw expert- May Leung LLMLaw expert
- Wesley Boeters LLMInterim lawyer
