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renonçons à la part de fortune de l'autre
niveaux hydro-aériques.
Dec 10, 2019 14:21
4 yrs ago
7 viewers *
French term

l’activité de recouvrement amiable de dettes

French to English Bus/Financial Finance (general) Belgium
La loi fait une distinction entre le recouvrement amiable de dettes et l’activité de recouvrement amiable de dettes.
Proposed translations (English)
4 +2 the business of amicable recovery or collection of receivables
4 +1 outsourced, out-of-court debt collection
References
Context
Change log

Dec 10, 2019 14:48: writeaway changed "Field (write-in)" from "(none)" to "Belgian"

Dec 10, 2019 14:49: writeaway changed "Field (write-in)" from "Belgian" to "Belgium"

Discussion

Wolf Draeger Dec 11, 2019:
Some more links https://www.debt.org/advice/recovery/

https://recouvrement.ooreka.fr/comprendre/titre-executoire
https://recouvrement.ooreka.fr/comprendre/recouvrement-amiab...
https://recouvrement.ooreka.fr/comprendre/recouvrement-judic...

https://www.recover.eu/fr_BE/clients/recouvrement-dettes

https://www.huissier-luxembourg.be/page/saisie-arret-executo...
https://www.mondroitmeslibertes.fr/saisies-et-recouvrement-1...

https://www.consumer.ftc.gov/articles/debt-collection-faqs
https://www.quora.com/What-is-the-purpose-of-court-ordered-d...
https://www.wikihow.com/Collect-a-Court-Ordered-Judgment
https://www.consumerfinance.gov/ask-cfpb/can-a-debt-collecto...
Wolf Draeger Dec 11, 2019:
Third-party debt collection (recovery) First, context is needed, and we all should have begun by asking for it (despite Phil's very useful ref entry).
@Asker, please, don't be shy.

Second, it seems the chief distinction in BEL (and FRA) is between debts that can be collected or recovered under a court judgement/order (titre exécutoire) and debts that are collected or recovered privately. As far as I can tell, that distinction isn't as prominent in the Anglosphere, where courts are brought in as a last resort (when creditors or collectors sue) and private debt collection or recovery is the norm.

The sentence in question relates to the private sort of debt collection/recovery, so in this case there's no need to distinguish between court-ordered debt collection and private debt collection, though that distinction may come in useful elsewhere in Asker's text.

So I think the simplest solution is to exapnd on the subtle yet apparent difference that seems to exist in the sector between debt collection and debt recovery. There are enough mentions of it online to suggest it isn't made up, however arbitrary it may sound.
Francois Boye Dec 11, 2019:
Debt Collection in Ireland


Are you trying to recover a debt from a debtor in Ireland? Do you need the services of a debt collector based in Ireland? The trading culture and regulations in Ireland differ from those you are used to, which often makes debt collection in Ireland complicated. Our Irish solicitors have the means to make your debtor pay. From the moment you hand your debt recovery matter over to us, we will do our utmost to collect your money. We, a debt recovery law firm, have more than sixty years of knowledge and experience at our disposal to assist you with your commercial debt collection in Ireland.
Francois Boye Dec 11, 2019:
I am informing Asker that collection of debt and recovery of debt are not the same in the UK or the US. It's up to Asker to decide!
AllegroTrans Dec 11, 2019:
@ Francois The text is in French and the asker is in Ireland. I therefore think we can assume that the practice in the USA versus UK is pretty well irrelevent and we should concentrate on Belgium
Francois Boye Dec 11, 2019:
The US and the UK do not have the same understanding of the difference between debt recovery and debt collection.

In the UK:


Debt collection and debt recovery are very similar terms. Both involve trying to recoup money that’s gone unpaid, but the crucial difference involves who is trying to chase the debt payment. With debt collection, the creditor is chasing the debt themselves. With debt recovery, they enlist the help of a third party.

In the US:

Fair Debt Collection Practices Act (FDCPA): These are comprehensive debt collection laws which the U.S. government has specified for collection agencies, they must be followed while collecting the Consumer debt. The strict laws of FDCPA, protects the debtor from any illegal harassment from a Collection Agency. Some states have their own set of laws but most of them follow the federal FDCPA version. FDCPA rules prohibit harassment, threats and deception.
Wolf Draeger Dec 10, 2019:
Debt collection vs Debt recovery? Where debt collection is by the creditor and debt recovery by a third party appointed by the creditor (helpfully called a debt collector...).

https://www.expertmarket.co.uk/collection-agencies/what-is-t...
https://savingsays.com/what-happens-in-debt-collection-vs-de...

Proposed translations

+2
5 hrs
Selected

the business of amicable recovery or collection of receivables

Amicable recovery refers to all actions and techniques used by a creditor to recover a receivable from a debtor without resorting to legal proceedings. ... in order to collect the sum of money which the debtor owes them, without instigating legal proceedings

https://atradiuscollections.com/us/services/amicable-debt-co...

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Note added at 1 day 2 hrs (2019-12-11 17:17:41 GMT)
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Debt Collection in Ireland


Are you trying to recover a debt from a debtor in Ireland? Do you need the services of a debt collector based in Ireland? The trading culture and regulations in Ireland differ from those you are used to, which often makes debt collection in Ireland complicated. Our Irish solicitors have the means to make your debtor pay. From the moment you hand your debt recovery matter over to us, we will do our utmost to collect your money. We, a debt recovery law firm, have more than sixty years of knowledge and experience at our disposal to assist you with your commercial debt collection in Ireland.
Peer comment(s):
neutral AllegroTrans : So how do you make the distinction which appears in the source text? // Really? recovery and collection have different meanings?
4 hrs
distinction between amicable recovery and amicable collection//Debt collection vs Debt recovery? 11:32 Dec 10 Where debt collection is by the creditor and debt recovery by a third party appointed by the creditor (helpfully called a debt collector...).
neutral philgoddard : They both mean the same.
10 hrs
Debt collection vs Debt recovery? 11:32 Dec 10 Where debt collection is by the creditor and debt recovery by a third party appointed by the creditor (helpfully called a debt collector...).
agree Wolf Draeger : Just debt recovery as in 'The law distinguishes between debt collection and (third-party) debt recovery'—"amicable" risks being confusing.
1 day 46 mins
Thanks!
agree Eliza Hall : Yes, the distinction is between debt recovery itself and the BUSINESS OF debt recovery.
1 day 14 hrs
Thanks!
Something went wrong...
3 KudoZ points awarded for this answer.
+1
16 hrs

outsourced, out-of-court debt collection

As opposed to inhouse. See my reference entry. It means paying someone else to collect your debts.
Peer comment(s):
agree AllegroTrans : I think this has to be the distinction but I see nothing "amiable" if a debtor has to be taken to court or bankruptcy threatened in order to make them pay...
7 hrs
neutral Francois Boye : inhouse =recovery; outsourced = collection; dans le recouvrement amiable de dettes impayées POUR COMPTE d’AUTRUI sans avoir contribué à la conclusion du contrat sous-jacent ; ou dans le recouvrement amiable de créances cédées contre rémunération.//
7 hrs
Like I said, collection and recovery are synonyms.
Something went wrong...

Reference comments

28 mins
Reference:

Context

The distinction is explained in the following sentences, though I'm not sure I understand it. You may need to read the whole page to make sense of it.

La loi du 20 décembre 2002 établit une distinction entre le recouvrement amiable et l’activité de recouvrement amiable, selon la personne qui effectue le recouvrement.

Il est question d’une activité de recouvrement amiable si l’activité professionnelle, même exercée à titre accessoire, de toute personne physique ou morale consiste :

dans le recouvrement amiable de dettes impayées pour compte d’autrui sans avoir contribué à la conclusion du contrat sous-jacent ; ou dans le recouvrement amiable de créances cédées contre rémunération.
Il s'agit par exemple d' une agence de recouvrement, d'une association professionnelle ou d'une ASBL qui effectue du recouvrement pour ses membres, et depuis le 17 avril 2009 il s'agit aussi des avocats, des officiers ministériels et des huissiers de justice.
http://economie.fgov.be/fr/themes/services-financiers/endett...

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Note added at 33 mins (2019-12-10 14:54:57 GMT)
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I think I've got it. "Activité" means "professional", ie it's what they do for a living. But why "amiable"? If you're a professional debt collector, you issue threatening letters and court summonses, which is hardly amicable.

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Note added at 39 mins (2019-12-10 15:00:28 GMT)
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Perhaps "amiable" means "extrajudicial".
Peer comments on this reference comment:
neutral writeaway : what happened to the discussion box entries? this reference was already posted there by someone else /no PhB posted it
0 min
Me!// It was me. I think I should know...
agree Ph_B (X) : You're right - this should be posted in the reference section. No confidentiality issue here since it is publicly available on the internet.
6 mins
agree Wolf Draeger : Yes, amiable as in "not ordered by a court/judge"; perhaps an odd distinction in the Anglosphere where the arm of the law isn't (yet) as long or heavy as in BEL/FRA...:-P
1 hr
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