Debt collection glossary

cession

Assignment (or assignment) means the contractual transfer of a claim by the obligee (assignor) to DieInkasso AG (assignee). The original debtor of the assigned claim does not have to participate in the legal transaction; his consent is not required.

Foreign debt collection

A foreign collection exists if the debtor has his seat / domicile abroad at the time of the debt collection. In this case, theInkasso AG works together with professional experts on site in order to protect the interests of the creditors as best as possible.

Credit

Creditworthiness (or creditworthiness) is the ability of a natural person or a company to repay debts (ability to repay) and the willingness to repay them (willingness to pay). dieInkasso AG checks the creditworthiness of debtors using online queries (CRIF - Teledata) and extracts from the debt collection register.

Business process outsourcing

Business process outsourcing is a special form of outsourcing and refers to the outsourcing of entire business processes. Here, theInkasso AG takes over the complete accounts receivable department of a customer so that he can concentrate on his main business and increase his efficiency. The customer benefits from the economies of scale of dieInkasso AG.

Cashflow

The cash flow represents the net inflow of liquid funds during a period. The cash flow is of particular importance for assessing the liquidity situation of companies. dieInkasso AG increases the cash flow of its customers with active accounts receivable management.

Accounts Receivable Management

With active accounts receivable management, theInkasso AG helps its customers to achieve more liquidity, less depreciation and extraordinary income.

Debt purchase

The purchase of receivables can be designed as a one-off sale or forward flow:

  • One-off-sale: The debtor portfolio is clearly shown here andInkasso AG pays a fixed price for the portfolio.
  • Forward-flow: Here future receivables are bought by theInkasso AG at a previously defined percentage.

The amount of the claim, the age of the claim, the topicality of the addresses and the intensity of the previous collection process have a significant influence on the determination of the purchase price.

creditor

In the law of obligations, a creditor is referred to as someone who can demand performance from another, the debtor. The legal relationship between the creditor and the debtor is known as the debt relationship. dieInkasso AG represents the interests of the creditors.

collection

Debt collection is a term from business administration, especially in the area of ​​financing. Debt collection means the collection of claims. dieInkasso AG collects receivables, thereby helping corporate and private customers to achieve more liquidity, less depreciation and extraordinary income.

dieInkasso AG (formerly Inkasso Organization Zug)

Successful in debt collection since 1973, with over 50 employees at our four locations in Zug (headquarters), Biel, Emmenbrücke and Regensdorf, we are now one of the oldest and market-leading debt collection service providers in Switzerland and, thanks to TCM partnerships, we are present for international debt collection in 174 countries around the world Place represented.

Bankruptcy loss certificate

The Bankruptcy loss certificate is the official confirmation that the creditor has lost a certain amount in bankruptcy proceedings. According to legislative ideas, the debtor should be able to recover economically and socially after a bankruptcy without being constantly exposed to the pursuit of the loss certificate creditors. Therefore, on the basis of a bankruptcy loss certificate, new debt enforcement can only be initiated if the debtor has acquired new assets. New assets only mean new net assets, ie the excess of assets acquired after bankruptcy over the new debts. Until 01.01.1997, loss certificate claims were not subject to the statute of limitations, while they are now subject to the 20-year limitation period according to Article 149a (1) DEBA. dieInkasso AG processes the bankruptcy loss certificates continuously and at attractive conditions.

credit-worthiness

Creditworthiness (or creditworthiness) is the ability of a natural person or a company to repay debts (ability to repay) and the willingness to repay them (willingness to pay). dieInkasso AG checks the creditworthiness of debtors using online queries (CRIF - Teledata) and extracts from the debt collection register.

Garnishment of wages

DieInkasso AG desires garnishment of wages and offers hand to silent garnishment of wages.
If a wage seizure is ordered, not the entire wage is seized, but only that part that exceeds the subsistence level. As soon as the decision is made, the debt enforcement office informs the employer of the amount of the garnishment of wages and instructs him to transfer this amount directly to the office. The garnishment of wages may last a maximum of one year. If the seized amount is not enough to satisfy the creditor (s), the creditor will receive a garnishment loss certificate for the uncovered amount.
In the case of silent garnishment of wages, the employer does not find out about the garnishment - which can have a positive effect on keeping the job. The debtor undertakes to pay the debt enforcement office or dieInkasso AG the calculated monthly garnishment rate reliably and on time - in return, the employer is not informed of the garnishment.

warning

A reminder is to be understood as any explicit and unequivocal declaration by the obligee addressed to the debtor to provide the performance owed. dieInkasso AG has developed a dunning system for the effective collection of debts, which gives the creditor more escalation options and creates noticeably more liquidity.

Garnishment

Attachment is understood to be the seizure of objects for the purpose of satisfying creditors. This happens at the request of his creditor if a debtor cannot settle outstanding claims. Attachment is a form of foreclosure. dieInkasso AG represents the rights of the creditors in the seizure procedure, checks the seizure deeds and requests the realization of assets.

Garnishment loss certificate

The Garnishment loss certificate is the official confirmation that the obligee has lost a certain amount in the attachment procedure. The issue of a loss certificate basically allows the original claim to exist. In addition to the consequences under debt enforcement law, the loss certificate has the effect that the claim now expires in accordance with the enforcement law provisions. Until 01.01.1997, loss certificate claims were not subject to the statute of limitations, while they are now subject to the 20-year limitation period according to Article 149a (1) DEBA. dieInkasso AG processes the garnishment loss certificates continuously and at attractive conditions.

Legal opening

Definitive opening of the law: At the request of dieInkasso AG, the court examines whether the effects of the legal proposal made by the company (cessation of debt enforcement) are to be eliminated or not, ie whether debt enforcement can be continued or not. The judicial opening court examines whether the claim set in action is based on an enforceable judgment and whether the enforceability is at most an objection acc. Art. 81 DEBA is contrary.
Provisional legal opening: The provisional legal opening procedure is (like the definitive legal opening procedure) a procedure based on documentary evidence. Its purpose is not to establish the existence of the debt enforced, but to establish that there is an acknowledgment of guilt. An acknowledgment of debt is a public document or a document signed by the debtor himself, from which the unconditional will emerges to pay the obligee a certain or at least easily determinable and due amount without any reservations or conditions.

debtor

In the law of obligations, a creditor is referred to as someone who can demand performance from another, the debtor. The legal relationship between the creditor and the debtor is known as the debt relationship. dieInkasso AG represents the interests of the creditors.

Compare

In jurisprudence, a settlement is a contract through which the dispute or the uncertainty of the parties about a legal relationship is resolved by giving in to each other. dieInkasso AG has extensive experience in settlement negotiations and in drafting settlement agreements.

Loss certificate

The seizure loss certificate is the official confirmation that the obligee has lost a certain amount in the seizure procedure. The issue of a loss certificate basically allows the original claim to exist. In addition to the consequences under debt enforcement law, the loss certificate has the effect that the claim now expires in accordance with the enforcement law provisions. Until 01.01.1997, loss certificate claims were not subject to the statute of limitations, while they are now subject to the 20-year limitation period according to Article 149a (1) DEBA. dieInkasso AG processes the garnishment loss certificates continuously and at attractive conditions.
The bankruptcy loss certificate is the official confirmation that the creditor has lost a certain amount in bankruptcy proceedings. According to legislative ideas, the debtor should be able to recover economically and socially after a bankruptcy without being constantly exposed to the pursuit of the loss certificate creditors. Therefore, based on a bankruptcy loss certificate, new debt enforcement can only be initiated if the debtor has acquired new assets. New wealth only means new net wealth, that is, the excess of assets acquired after bankruptcy over the new debts. Until 01.01.1997, claims for loss certificates were not subject to the statute of limitations, while they are now subject to the 20 year limitation period according Article 149a (1) DEBA. dieInkasso AG processes the bankruptcy loss certificates continuously and on attractive terms.

Loss certificate statute of limitations

Statute of limitations for loss certificates? Until December 31.12.1996, 01.01.1997, claims for loss certificates were non-statute-barred. Since 20/01.01.2017/1997, a XNUMX-year limitation period has been running for garnishment and bankruptcy loss certificates in accordance with the Debt Enforcement and Bankruptcy Act. On XNUMX/XNUMX/XNUMX, the statute of limitations for countless loss certificates (issued before XNUMX), which are currently still in archives and cellars, will expire. DieInkasso AG has introduced automated and standardized processes for the interruption of the statute of limitations. The statute of limitations for loss certificates is interrupted by the debtor's recognition of the claim, in particular by payments on account. For this purpose, DieInkasso AG contacts the debtor and tries to find an amicable solution. dieInkasso AG can interrupt the statute of limitations by enforcing debt, by requesting arbitration, by taking legal action and by filing bankruptcy even without the debtor's cooperation. Time is running out - do not hesitate to contact us and hand over the garnishment and bankruptcy loss certificates for processing.

delay

The prerequisite for default of the debtor is the due date of the performance. The legal consequence of the debtor's default is the debtor's obligation to pay compensation for late performance (default damage) as well as liability for chance. dieInkasso AG asserts default interest and default damage for the obligee.

Default damage

The damage caused by default in payment is usually higher than the default interest to be paid. The Code of Obligations stipulates that if the creditor has suffered greater damage than the default interest compensates him, the debtor is also obliged to compensate for this damage unless he can prove that he is not at fault. If this greater damage can be estimated in advance, the judge can already fix the compensation in the judgment on the main claim. In its statement on the Schilliger motion of February 11.02.2015, 11.05.2004, the Federal Council stated: The applicable law already implements the principle that the debtor must pay for the damage incurred by the creditor as a result of the debtor's default. The legal regulation is differentiated and, depending on the constellation, takes into account the fault of the debtor and the type of service that is owed. Prof. Dr. Isak Meier (chair of civil procedural law, debt enforcement and bankruptcy law, private law and mediation at the University of Zurich), with reference to the liability law obligation to mitigate damages, is of the opinion that a flat rate of collection costs, which are publicly offered to entrepreneurs, is a matter of course, since such a flat rate is unavoidable. It is simply not possible to precisely calculate the total operating expenses of an accounting department or a collection agency for the individual collection case. In this respect, the association has the opportunity to offer a corresponding catalog of fees, i.e. a kind of price list. This price list is based on actual costs incurred from a large number of comparable cases that have been evaluated. dieInkasso AG as a member of the Inkasso Suisse Association (formerly vsi) adheres to the table of damage caused by default. The default damage table was approved in accordance with the resolution of the default damage commission of May 14.05.2004, XNUMX and by the general assembly of Inkasso Suisse on May XNUMX, XNUMX.

arrears

The debtor of a due and enforceable claim is in default if he has not performed his performance at the time of the circumstance causing the default and is responsible for this delay. In the case of a monetary claim (especially outside of legal science) one also speaks of default in payment. In day-to-day business, it is common for a debtor to receive a warning before enforcement is initiated against him, although there is no legal requirement for this. dieInkasso AG warns the debtor before initiating foreclosure.

assignment

Assignment (or assignment) means the contractual transfer of a claim by the obligee (assignor) to DieInkasso AG (assignee). The original debtor of the assigned claim (debitor cessus) does not have to participate in the legal transaction; his consent is not required.

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dieInkasso AG is one of the leading and most renowned debt collection companies in Switzerland. Every year 40 qualified specialists process over 60 debt collection cases at home and abroad with above-average success.