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Author Topic: Bad Debt  (Read 2282 times)
kite
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« on: January 26, 2010, 10:28:00 AM »

anyone had any experience on chasing bad debt? What's the most effective way if talking to the debtor fails?

Small Claim Tribunal? what if the other party doesn't turn up, what will happen?
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amcpl1
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« Reply #1 on: January 26, 2010, 02:06:45 PM »

There are many ways to claims:
1. Off court negotiation, cannot solve,
2. give formal letter notice and warning (may get a lawyer to write this letter which is more effective), then
3. go for small claims tribunal, if didn't turn up, the court will rule that you win the case against the other party,
4. with that you can request for writ of seizure (to seize their possession)
5. Another alternative, you can engage a debt collector to help you with the debt recovery
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kite
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« Reply #2 on: January 26, 2010, 05:55:14 PM »

if the company is winding up, is it hard to get the money back from SCT (small business tribunal)?

also, what if they declare bankrupt? Sad

what's the best way to go about it then?

thanks for ur help too!
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ParamountAssetsCorp
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« Reply #3 on: January 26, 2010, 08:06:51 PM »

A company cannot wind up unless they have paid off all the debts or a judgement is handed down.

The most effective way in my opinion is to get a debt collector.
« Last Edit: January 26, 2010, 08:16:25 PM by ParamountAssetsCorp » Logged

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kite
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« Reply #4 on: January 27, 2010, 12:30:07 PM »

sigh.. the thing is they have not much asset, nothing to seize.what's the diff between through small court tribunal and debt collector?

which one is generally more effective?

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amcpl1
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« Reply #5 on: January 27, 2010, 12:37:11 PM »

Debt collector finds ways and means to help you recover your debt as it is their business. But charges may be about 40% to 50%. They have creative ways to help you... hahaha, good luck. I tried once on as I had a customer refusing to pay even after the Small Claims Tribunal award me. I resort to debt collector who managed to get 6 post-dated cheque within 2 weeks which eventually cleared after 6 months. I tried for more than 2 years, and they took only 2 weeks. But I paid 40% of the amount as commission to the debt collector. I just felt unfair that the debtor should keep my money, so i rather take half. Is hard work that should be paid full. But I just want justice! The company I use is Nation & Associate...

« Last Edit: January 27, 2010, 12:39:31 PM by amcpl1 » Logged
kite
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« Reply #6 on: January 27, 2010, 12:40:28 PM »

hi ampcl, my thinking is like urs. i have no faith that they will follow through if we go through small claims tribunal. so, it's true that they can still not pay up right? will not be legally binded? as in no action will be taken against them?

one debt collector agency told me that if the company is pte ltd, we cannot pursue as they may be liable to a certain amt. are there any other options?

the prob is the company is closing shop soon and we are not sure how long can we pursue them for money... Sad

really hope u can help, thanks so much for everyone's advise so far.
« Last Edit: January 27, 2010, 04:49:49 PM by kite » Logged

amcpl1
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« Reply #7 on: January 28, 2010, 03:50:53 PM »

Yes, pte ltd is liable to certain amount. What you can do is to do a company search online (about $4 - $5) under http://www.acra.gov.sg to know what is their setup. Quickly get a debt collector to help you pursue as like you mention they are closing in 2 months. Hopefully you can recover some of the debt back. They have 2 methods of charging, pay a certain amount plus low percentage commission or alternatively no upfront, but high percentage commission. Hopefully you can recover as much as you could.

If you know their bank account details, you can get a lawyer to garnish their bank account and recover your debt too. Do talk to a lawyer about this.
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kite
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« Reply #8 on: February 02, 2010, 05:20:22 PM »

hey ampcl1, thanks so much for your advice!

i acted and got the bulk of the amount back. now, they are now chasing for the remaining.

it's so true that i can get my money back fast: over just one weekend when i had 4 mths overdue payment that i was chasing like crazy.

i am going to start a section is my site: www.TheEntrepreneurBusiness.com to talk a out this and share what I've learnt.

i went to the Small Claim Tribunal on the same day too and seems like it won't help for my situation. that was when i knew i had to engage a debt collector.

anyone need recommendation just drop me an email at hello@TheEntrepreneurBusiness.com with your name. I'll refer you! Wink
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amcpl1
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« Reply #9 on: February 03, 2010, 12:31:29 AM »

Kite, I am glad for you. We deserve every send a debtor owes us and likewise I belief whatever service/products we consume, we need to pay...
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kite
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« Reply #10 on: February 05, 2010, 01:17:43 AM »

i just realise that we can claim deductible expenses from bad debt: http://www.iras.gov.sg/irasHome/page04.aspx?id=614 as iam researching more about bad debt in sg.
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amcpl1
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« Reply #11 on: February 05, 2010, 04:19:37 AM »

Yes, that is when you write-off your bad debts.
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apee705
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« Reply #12 on: April 22, 2010, 04:29:47 PM »

Just be simple with your debts.
Check out what you received & the remaining can be earned by Sue or Summon.
Still not works than just write-off your bad debts.
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rehan507
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« Reply #13 on: April 26, 2010, 12:32:37 PM »

Dear Apee saying that just write off your depts seems to be very easy at theoretical basis but practically it does not work. how can a person forgo the depts which can contribute much to his business if collected.
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amcpl1
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« Reply #14 on: April 26, 2010, 12:39:57 PM »

Well, in business is about cost versus benefit. Sometimes if the debt is not substantial, it may not be worthwhile pursuing. For example, if the debt is $50, and administrative charge for Small Tribunal is $50, why do you bother to pursue. But there again, a labourer deserves his wages. We deserves every cent we transact in business. So no one would like to forgo any bad debt unless necessary.
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