About Debt Recovery
Debt recovery refers to the legal and administrative procedures within which the creditor obtains the debt from the debtor who defaulted on his or her financial liabilities. It can be a long process of various measures such as initial communication, negotiation, and the consequent legal action.
Usually, the debt collection process begins by contacting the debtor through phone calls, letters, and emails with reminders of the debt and discussing a payment schedule. If all these efforts prove unfruitful, more assertive measures are taken, which include the issuance of a formal demand letter, a legally binding document outlining the debt and demanding payment within a specified timeframe.
The legal debt recovery form provides legal remedies such as filing lawsuits, obtaining judgments and enforcing judgments. The legal and ethical procedures concerning a debt recovery process safeguard’s the debtor’s rights, thereby avoiding harassment and ensuring equitable treatment of the debtor. There are various laws which help to safeguard the debtor as well as the creditor and recover the debt. They are as follows;
- Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) – The act gives banks and financial institutions the authority to recover secured debts outside courts by taking possession of and selling off assets.
- Insolvency and Bankruptcy Code, 2016 (IBC)- It Streamlines insolvency and bankruptcy processes for individuals, partnerships and companies. It seeks to maximize the value of the assets and facilitate an expeditious resolution.
- Code of Civil Procedure, 1908 (CPC) – It is one of the most important Chapter of the Code of Civil Procedure, 1908 (CPC) which governs civil suits for the recovery of debt to different types of debt. It lays out the process for filing suits, obtaining judgments and executing decrees.
- Negotiable Instruments Act, 1881 — The act Deals with promissory notes, bills of exchange, and cheques. Cheque bounce cases are covered under Section 138, which entails penal consequences.
Additionally, India has three formal routes for recovering loans. They are as follows
- Civil Courts (CPC) – They are resorted to for general debt recovery and filing of suits leading to obtaining decrees.
- Debt Recovery Tribunals (DRTs) - DRTs are specialised tribunals which settle bank and financial institution loan dues quickly.
- Insolvency and Bankruptcy Code (IBC) – A legislative framework for bankruptcy and insolvency, directing debt restructuring or liquidation processing.