What are my chances of recovery on my commercial debt?
Posted Wednesday, April 16, 2014 by Chris Thayer
What is the likelihood of recovery on my claim turned over for commercial collections?
Unfortunately, the answer to this question is one of those “lawyer answers” which is probably quite unsatisfactory, but I will be as clear as possible. The short answer is “it depends”. What does it depend on? A huge variety of factors including the age and size of the receivable and what it is for, whether the debtor is still engaged in business, whether the debtor has unencumbered assets, whether or not the debtor is a defendant in other litigation, and whether there are prior unsatisfied judgments against the debtor. Also, one of the most important factors is whether you have a personal guaranty of the debt - especially where the company may have gone out of business. The quality and content of the underlying documentation, including any credit applications, contracts, invoices and other related documentation also comes into play. In addition, the more information you are able to provide regarding the debtor, such as where the debtor banks, or the debtor’s primary customers or clients, the better the chances of recovery.