Questions and Answers

Reasons for cooperation

• Because, as a successful company, you issue invoices and other claims, which, however, are not always paid. Because you are aware that this loss of revenue affects your balance sheet and liquidity, and, above all, reduces opportunities for the growth of your business.
• Because you know that you and your finance and accounting department have more important things to do than chase defaulting parties for payment.
• Because given that almost half of Western European companies that manage and collect their claims work with external agencies such as ours, you believe that increasingly frequent payment delays should not become an established business practice and that this type of claim collection is a completely normal business practice in the modern business world.
• Because you trust that our team of legal and other debt recovery specialists with over a decade of experience will help you improve your cash flow and reduce losses due to debt default. And all this without significant costs, without losing the trust of your business partners, and in full compliance with Slovenian legislation.
• And because, with us, you cannot lose more than you are already losing due to unpaid claims.

No. Invoices are only one of the legal bases on which we can recover debts from debtors. They fall under the group of authentic instruments that constitute the legal basis for recovery under Article 23 of the Enforcement and Security Act (ZIZ).

The following also falls under the group of authentic instruments:

• a bill of exchange and a cheque with protest and a return invoice;
• an official instrument (notarial deed, unless it specifies enforceability);
• an extract from books of account certified by an authorised person or their authorised representative (account card, accounting card, statement of open items);
• a private legally authenticated document (e.g. an assignment agreement);
• a document having the nature of an official instrument according to special regulations.

By way of exception, an authentic instrument also means a payslip in accordance with the Act governing employment relationships.

In addition to authentic instruments, recovery may also be executed on the basis of an enforceable instrument (Article 17 of the ZIZ), which include:

• an enforceable court or arbitration decision and a court or arbitration settlement;
• an enforceable notarial deed (including a settlement with an enforceability clause);
• another enforceable decision, list or document designated as an enforceable instrument by an act or a ratified and published international treaty.

Legal proceedings vary depending on the type of legal basis.

Here are 10 of the most common problems:

• We issued an invoice, the value date expired, but payment has not yet been received.
• We issued an invoice, only part of it has been paid, and they do not want to pay the difference.
• We paid the order in advance, but the service was not provided or the goods were not delivered.
• We filed a motion for enforcement that became final, but payment has not yet been received.
• We filed a motion for enforcement, but the debtor objected.
• We have a judgement in our favour, but the defendant has not fulfilled their obligations under the judgement.
• We have lent money, but it has not been repaid.
• A: My employer is not paying my salary. B: My employer is not paying my contributions.
• The debtor has filed for bankruptcy or personal bankruptcy.
• We have a debtor abroad.

Get in touch with us. At Accounts Receivable Management FIDEM, we have a detailed and highly successful procedure for resolving the problems, because:

• we treat each claim, regardless of its amount or legal background, according to the same, strictly defined line of assessment, measures and solutions (equal treatment of every problem);
• we handle each claim with discretion, taking into account the interests of the client (processing without damaging business relationships);
• we resolve each claim with the broadest possible perspective (actively seeking a payment solution).

Legal basis

• Enforcement and Security Act (ZIZ);
• Prevention of Late Payments Act (ZPreZP);
• Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act (ZFPPIPP);
• Civil Procedure Act (ZPP);
• Obligations Code (OZ);
• Etc.

This is one of the most common questions. Have you ever asked your accounting colleagues whether they have the time and necessary knowledge to successfully handle internal recovery in addition to their primary responsibilities? How successful are they at it and how do you measure their success? Claims management, including recovery, is a highly specialised activity and involves much more than just a phone call or a default notice to the debtor. It covers psychological, commercial and legal aspects, and above all creates a solid foundation for further cooperation with a professional long-term approach to creditor-debtor relationships. To the mutual satisfaction of both parties.

No later than on the day when the claim falls due for payment or the debt arises. Every day of delay increases the risk that the claim will not be paid within a manageable time frame or at all, and also reduces the costs of a successful collection of the claim. However, we can start cooperating sooner in order to prevent overdue or unpaid claims from arising in the first place.

Of course. This is also an excellent opportunity to learn about our approach and the effectiveness of our work.
We are confident that you will find us a trustworthy partner for further long-term cooperation.

There is no minimum claim amount for us. At Accounts Receivable Management FIDEM, we specialise in small, medium and large companies and, accordingly, accept claims of all amounts for management. To give you a better idea: in 2021, the lowest claim collected was EUR 50.00, and the highest was EUR 400,000.00.

At the moment, we manage a total of EUR 10+ million balance-sheet claims through assignment (in our own name, on our own behalf) or through authorisation (in the name of another person, on behalf of another).

This means that in the case of extrajudicial proceedings, we will only charge you administrative costs and a commission if the claim is successfully collected. If we are unsuccessful, you will not incur any costs. We consider it important to emphasise this. You can calculate the costs of our successful work in extrajudicial proceedings in advance using the following rate calculation scales:

Administrative costs for a month’s work are as follows:

For claims up to EUR 100.00: no charge;
For claims from EUR 100.01 to EUR 300.00: EUR 35.00 + VAT;
For claims from EUR 300.01 to EUR 800.00: EUR 52.50 + VAT;
For claims of EUR 800.01 and above: EUR 105.00 + VAT.

Commission calculation:

Claim not yet due: 3%;
Claims due within 60 days: 3% of the debtor’s payment;
Claims due beyond 60 days: 6% of the debtor’s payment;
Claims due beyond 180 days: 12% of the debtor’s payment;
Claims due beyond 360 days: 24% of the debtor’s payment;
Time-barred claims: 45% of the debtor’s payment.

Important: members of the Chamber of Commerce and Industry of Slovenia are eligible for a 10% discount on extrajudicial proceedings.

In judicial claim collection proceedings, we will present all anticipated costs, calculated in accordance with the “Standard service rates in claims management procedures”, after a thorough review of the case, as there are several possible scenarios (enforcement/legal action/criminal complaint). Following this, a decision will be made jointly on the next steps to be taken in this process.

Yes. We have to be, since we made a promise to our clients to only charge for successfully concluded claim collection cases. We successfully conclude 85% of our cases (75% in the extrajudicial and 95% in the judicial phase of claims collection), and our excellent credit rating is proof of our effectiveness. But even more than that, we are proud of the high level of responsibility, professionalism and expertise of our team, as consistently recognised by our clients and the courts.

Of course. We understand and take into account the arguments put forward by both parties in the creditor-debtor relationship. Our objective is to find a solution that will be mutually acceptable to both parties. We are a determined and consistent partner, committed to professionalism, respect and transparency at all times. This is proven by the fact that a significant number of former debtors later become our clients for claims management services.

Following a preliminary review of your case, our claims collection department will determine which of our specialists is best suited to the sector you represent. The approach varies depending on whether you or your debtor operate in the construction, trade, transport or other sectors. A lawyer will always be assigned to the larger team working on your case. Our experienced specialist will contact you immediately and provide you with ongoing status reports throughout the recovery process.

Simply respond to this e-mail by providing the following basic information:

Required information:

1. Your e-mail address (entered automatically).
2. Terjatve/račune oz. ostalo dokumentacijo (izpisi odprtih postavk (IOP) ali izpisi posameznih faktur (računov) po posameznih dolžnikih.

Further information would be appreciated:

1. Your telephone number, the name of the contact person, the company name, its tax number and its registration number.
2. A brief description of the activities that have been carried out to date in relation to the debt repayment. This includes default notices that have been sent to the debtor, as well as any other facts and circumstances that you believe may be relevant to the procedure.

You can also fill out a short electronic form on our website, and we will be happy to call you. Please note that the initial analysis of your claims and consultation are free of charge, so responding to this message will definitely be worth your while.

Yes, we do. Our client base encompasses individuals, companies of all sizes and activities, sole traders, public services, associations and institutions. We are currently responsible for the management of claims on behalf of over 1000 entities.

It varies and depends on your debtor. At Accounts Receivable Management FIDEM, we strive for extrajudicial debt collection, a proven method of achieving the fastest and most cost-effective payment recovery. We resolve as many as 7 out of 10 cases in this way, thus avoiding a more expensive and longer route to the collection of your claim. Our past work, professional approach and effective procedures and reputation in our industry greatly accelerate the repayment of overdue claims.

The case is only referred to our internal legal department once all options and opportunities of the debtor for extrajudicial recovery have been exhausted. The department then continues the recovery through the courts in enforcement or litigation proceedings. In such cases, Accounts Receivable Management FIDEM has a 95% success rate.

When we make sure that the money you are owed is paid into your account.

Perhaps something that forces most decision-makers in companies to consider the importance of unpaid claims, namely the fact that, according to EU market research, an average of 10% of a company’s annual revenue is lost in unpaid claims. Calculate and consider what this 10% would mean to your company if it were actually available in your company’s current account. That’s where it belongs, because you’ve earned it fair and square.