Recovering from individuals is a completely different world from B2B recovery. The laws are stricter, the protections are greater, and mistakes can cost you more than the debt itself.
If you're trying to recover from an individual — whether you're a company or a private person someone borrowed money from — here's what you need to know.
What you CAN do legally
1. Written demand
Always the first step: a formal, written demand containing the amount, the legal basis (loan agreement, invoice, judgment), and a clear payment deadline. Send it by email and registered mail.
2. Negotiation and installments
Nothing prevents you from negotiating. You can offer installments, a discount for immediate payment, or other terms. In fact, with individuals, negotiations often work better than court proceedings, because the debtor doesn't have a company as a shield.
3. Court action
If the demand yields no results, you can file a court action. For certain, liquid, and exigible claims (based on clear documents), you can use the payment order procedure — faster than a regular action.
4. Enforcement
After obtaining an enforceable judgment, you can begin enforcement through an authorized bailiff. The bailiff can seize income (salaries), bank accounts, movable and immovable property.
What you CANNOT do — and what costs you dearly
1. Harassment and threats
Absolutely forbidden. Repeated phone calls (especially at inappropriate hours), home visits without consent, threats, insults, contacting family or workplace to apply pressure — all are illegal.
The law protects the debtor's dignity and private life. Violations can lead to criminal complaints (harassment, blackmail) and sanctions that can far exceed the claim amount.
2. Publishing the debt
You can't post on social media, on the debtor's door, or elsewhere that person X has a debt. This violates the right to privacy and can constitute defamation.
3. Seizing property without legal procedure
You can't take property from the debtor without a legal procedure. Even if you have a contract. Even if the amount is certain. Only the authorized bailiff can seize property, and only based on an enforceable judgment.
4. Reporting the debt to a Credit Bureau without basis
Only authorized creditors (financial institutions) can report to credit bureaus. A private individual or unauthorized company cannot threaten "reporting to the Credit Bureau" — and if they do, they can be held liable.
Property that CANNOT be seized
Even with an enforceable judgment, certain property is protected by law:
- Personal items necessary (clothing, hygiene items)
- Food necessary for the debtor and family
- Fuel necessary for heating and cooking
- Tools and instruments necessary for the debtor's profession (up to a certain value)
- Certain income — maintenance pensions, state child benefits, social assistance
Salaries can be garnished, but only a fraction (generally maximum 50% of net salary, with protection for a living minimum). The bailiff calculates correctly, but you need to know you can't take everything.
The correct approach step by step
- Check if you have solid evidence. Signed agreement? Receipts? Bank statements showing the transfer? SMS/email where the debtor acknowledges the debt? Without evidence, recovery is nearly impossible.
- Send a formal demand. With a clear deadline (e.g., 15 days). Keep proof of sending.
- Negotiate if the debtor responds. An installment plan is better than a judgment you can't enforce.
- If no response or refusal — court. Payment order procedure for certain claims. Regular action for disputed ones.
- After judgment — enforcement. Through an authorized bailiff. They identify seizable property and income.
When recovery from individuals is WORTH it
Honestly: recovery from individuals is harder than from companies. Why? Because individuals often have low income, few seizable assets, and can "disappear" more easily.
It's worth it if:
- The amount is significant (over 10,000 MDL)
- The debtor has stable income (employed, pensioner with above-minimum pension)
- The debtor has real estate in their name
- You have solid evidence
It's not worth it if the amount is small, the debtor has no stable income, or you have no clear evidence. In these cases, even a favorable judgment remains unenforced.
Do it right, or leave it to professionals
Recovery from individuals requires legal knowledge, patience, and respect for procedure. One mistake — a threat, a publication, an illegal seizure — can turn you from creditor to defendant.
If you have a claim against an individual, contact us. We'll evaluate the case, tell you if it's worth it, and work legally, with authorized bailiffs, on a success fee. No recovery, no fee.