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What Is a Debt Collection Agency?

A debt collection agency can help you to collect debts from your clients.

Working with a debt collection agency can help you recover outstanding bills faster and more successfully.

These organisations have the means and skills to locate and engage with debtors, arrange payment schedules, and, if required, take legal action.

However, it is critical to select the best debt collecting service for your individual circumstances.

You should investigate and evaluate several agencies, seeking for those with industry experience and a demonstrated track record of achievement.

You should also ensure that the agency's tactics and approach coincide with your values and the image you want to present for your company.

With the proper debt collection firm as a partner, you can regain control of your outstanding debts and increase the financial security of your organisation.

In this article our Australian debt collectors explain what a debt collection agency is, and what to look for when choosing a debt collector.

Table of Contents

The Importance of a Debt Collection Agency

Debt collection agencies are important for both creditors and debtors.

Creditors rely on debt collection agencies to recover outstanding debts and maintain a positive cash flow.

Debtors benefit from debt collection agencies' efforts to negotiate manageable payment plans and avoid legal action.

Debt collection agencies play a crucial role in the financial industry by helping creditors recover unpaid debts from delinquent borrowers.

These agencies employ specialised techniques and strategies to contact debtors and encourage them to make payments.

The importance of debt collection agencies lies in their ability to recover debts that would otherwise remain unpaid, which can cause financial strain for creditors and negatively impact the economy.

Debt collection agencies also provide a valuable service by allowing creditors to focus on their primary business functions rather than spending time and resources chasing down delinquent payments.

By outsourcing debt collection to a third-party agency, creditors can streamline their operations and reduce the amount of time and money spent on collections.

This ultimately leads to increased productivity and profitability for creditors, which benefits the overall economy.

The Process of Collecting Debts

The process of debt collection typically begins with the initial contact between the debtor and the debt collection agency.

The agency will then assess the debt owed and communicate with the debtor to establish a payment plan.

The debt collection process typically begins when a borrower fails to make payments on a debt.

The creditor will then attempt to contact the borrower and remind them of their obligation to make payments.

If the borrower still does not make payments, the creditor may choose to send the account to a debt collection agency for further action.

The agency will then use various methods, such as phone calls, letters, and even legal action, to encourage the debtors to make payments.

This law provides guidelines for how debt collection agencies can communicate with borrowers and outlines the rights of borrowers in the debt collection process.

By following these guidelines, debt collection agencies can effectively recover unpaid debts while also respecting the rights of borrowers.

If communication fails, the agency may take legal action to recover the debt.

Benefits of Hiring a Debt Collector

Hiring a debt collection agency can result in increased recovery rates, professionalism, and expertise, and saved time and resources for creditors.

Keeping track of debt may be difficult when it comes to managing funds, especially when dealing with non-paying clients.

Hiring a debt collection service can help in this situation.

Debt collection firms may assist businesses and individuals recover outstanding debts by offering a variety of services.

One of the primary advantages of using a debt collection firm is that they have the knowledge and resources to deal with challenging circumstances.

Debt collection services have expertise dealing with troublesome debtors and may give tailored solutions to each client's individual demands.

They can also assist to retain excellent customer relationships by conducting the collecting procedure professionally and respectfully.

Another advantage of hiring a debt collection agency is that they can help to improve cash flow.

Recovering unpaid debts can provide businesses with the funds they need to keep their operations running smoothly.

This can be especially important for small businesses that rely on a steady cash flow to stay afloat.

By outsourcing debt collection services, businesses can focus on other aspects of their operations, while the debt collection agency handles the collection process.

Overall, hiring a debt collection agency can provide numerous benefits for businesses and individuals looking to recover unpaid debts.

Choosing the Right Debt Collection Agency

Choosing the best debt collection firm entails taking into account criteria such as their success record, reputation, and costs.

Choosing the correct debt collection firm is critical when it comes to recovering debts due to your company.

Not all agencies are made equal, and it is critical to conduct thorough research before collaborating with one.

The first step is to investigate and evaluate several agencies, looking for those with a track record of success in your market.

You should also analyse the debt collection agency's procedures and approach, ensuring that they correspond with your values and the image you want to present for your company.

Another important consideration is the agency's costs and debt collection rates.

You want to work with a company that is upfront about their pricing and does not try to hide any fees or expenses.

To guarantee you're receiving the greatest value, acquire estimates from many different firms and compare their pricing and services.

Finally, you want to locate an agency that not only recovers your debts but also corresponds with your company's aims and beliefs, resulting in a good and fruitful engagement.

Debt Collection Agency Regulations

The debt collection industry in Australia is a complex and heavily regulated industry that requires adherence to a multitude of policies and guidelines.

These policies are intended to promote justice and openness in the debt collection process for both creditors and debtors.

The Australian Consumer Law (ACL), which establishes a framework of rules for debt collectors, is the most important law in this area. 

These include the provision of accurate and clear information about the debt, avoidance of intimidation tactics or harassment, and non-misrepresentation of their authority.

The Debt Collection Guidelines are also critical in shaping best practices for debt collectors.

These guidelines outline various aspects of debt collection, including clear communication, allowing reasonable opportunity for debtors to contest debts, and prohibition of excessive fees or interest charges.

Compliance with these guidelines is crucial to avoid legal penalties or actions.

Despite the complex and onerous nature of these regulations, it is vital for debt collection agencies to remain informed of the most recent updates and adhere to the best practices outlined.

This ensures that the industry maintains a positive reputation and engenders trust with both clients and the public.

The Australian debt collection industry operates under a robust regulatory framework that promotes fairness, transparency, and compliance with ethical best practices.

Alternatives to Debt Collection Agencies

In-house debt collection, settlement and negotiation, and legal action are alternative options for recovering debts outside of hiring a debt collection agency.

When faced with rising debt, many Australians resort to debt collection agencies to help them resolve their financial problems.

There are, however, various solutions that might assist consumers in avoiding the possible harmful effects linked with debt collecting organisations.

Debt consolidation is one such option, which entails consolidating various loans into a single loan with a lower interest rate.

This method can simplify the repayment procedure while also lowering the overall amount of interest paid during the loan's term.

Debt settlement is an alternative to debt collection agencies that includes negotiating with creditors to decrease the total amount due.

This method needs a good negotiator and can result in a considerable debt decrease. However, it may have a detrimental influence on a person's credit score.

Finally, for those facing severe financial hardship, bankruptcy may be a viable option.

Bankruptcy provides a legal means of discharging certain debts and starting anew.

However, it is a big decision with long-term implications for an individual's financial future.

Debt collection companies are not the only alternative accessible to Australians who are in debt.

Debt consolidation, debt settlement, and bankruptcy are all feasible options that can assist people in regaining their financial footing.

Before making any decisions with long-term effects, it is critical to explore all possibilities and seek expert assistance.

What is a debt collection agency able to do that I can’t do myself?

Recovering a debt is something that people always want done, but some people seem to have some reservations about the usefulness of engaging a Debt Collection Agency.

At Advance Debt Collection, we work on a no collection no fee basis, so there is no risk of paying fees for a service that provides no benefit.

A debt collection agency can do the following (and more): 

  1. Skip tracing
  2. Credit Default
  3. Face to face visit
  4. Investigate and negotiate
  5. Maintain a degree of separation
  6. Focus on debt
  7. Focus on your customer
  8. Reference checks

We will explain these in more detail below.

Debt Collection Agency - Skip tracing

The process of skip tracing involves searching for an individual debtor who has moved homes, dramatically altered their online presence to avoid being tracked so that they can avoid paying debts they owe, or employed some other tactics to remain anonymous so to try and avoid having to repay their debts to the creditor and /or Debt Collection Agency.    

This process begins as gathering information such as personal details like full name, date of birth, any other relevant information pertinent to the recovery of the debt owed.

Once this, or some of this information has been gathered, a Debt Collection Agent will be closer to recovering the debt.

At Advance Debt Collection, we have experience with searching online records of information, such as social media, public records, and various databases.

Debt Collection Agency - Credit Default

A suitably qualified Debt Collection Agency can assist with placing a credit default on the debtors credit file.

This credit default may prevent the debtor from securing finance in the future, and can be used as a reminder to debtors that there are consequences to not repaying debts.

In some instances, a debtor who has a debt collection agent explain the repercussions of not making timely repayments will ultimately realise the importance of repaying the debt in full, or realise that they need to make a debt repayment plan.

In the event discussions and subsequent negotiations of this nature fail,  Advance Debt Collection can assist with placing a Credit Default on the debtors credit file.

In this event, the debt becomes a matter of public knowledge to anyone who may be looking into your financial history, assessing whether or not they wish to grant you finance or other loan type agreements.

The nature of the debt may be available on various platforms, such as a commercial credit reporting bureau.

There are multiple advantages to using a Credit Default as a creditor, these include;

  1. Debtors have been known to pay to avoid having the credit default placed on their file, as it can affect their credit file for 5 years;
  2. Many debtors are incentivised to pay all current debts, not just the current ones, as they realise the credit file will show negative results with the continuance of any outstanding debt;
  3. The above actions can generally in most circumstances only be carried out by registered debt collectors.

Face to Face Visit and Field Calls

One of the more traditional  methods employed by Debt Collectors is to, when appropriate, physically attend the workplace, or the home of the debtor, to either remind the debtor of their debt, or to ideally collect part or the entirety of the debt.

In this instance, generally an in person visit is organised prior with the debtor.

However if you are a tradesman, for example, who has done work  on someone's home or their commercial premises, you can respectfully visit the location, without first making an arrangement.

At Advance Debt Collection we can assist with this type of debt repayment negotiation.

In the event an in person visit fails to bring about repayment of the debt, the retrieval of the address of the debtor is still worth pursuing, as it allows, if necessary, for court documents to be filed and served later on the debtor.

Investigate and Negotiate Debtors and Assets

While Debt collectors can not necessarily provide financial advice, when a debtor deals with an experienced Debt Collection Agent, they can, depending on instructions from the client, remind the debtor of options such as payment plans, and also schedule a time and date for payments to be made.

Some Debt collectors will also be able to work with your accounts receivables team, to ensure that there is an amount in fact due for payment.

Sometimes, companies are too busy providing their services or producing goods, that mistakes such as requesting payment early.

Further, Advance Debt Collection have experience with a multitude of different debt collection methods, and can refine our particular service to you, based on these different experiences we have had.

Debt Collection Agency - Manage Separation

Many creditors struggle with maintaining an objective approach to the recovery of the debt owed.

This is understandable, as the cash flow situation of your business or company can have an almost immeasurable impact on your life.

Not only does not being paid cause a frustration to you, but so too does the added pressure of having to then spend time away from your main business objective, to follow up the debt.

Debt Collection Agency - Focus on Debt

Focussing on debt. It may sound oversimplified, but as stated above, you are a provider of goods and services, you don't work in debt collection or in any other similar capacity of field.

Debt Collectors most often have an education, either formal or informal, with regard to collecting debts.

One such example of the experience you benefit from when engaging a debt collector is as simple as knowing what credit rating score platform is the best to use.

At Advance Debt Collection we have experience with Debt Collection and understand that some platforms may not return accurate results with regard to credit files, or some platforms present information that while not incorrect, is outdated.

There is an almost endless list of similar circumstances where experience is paramount to success.

Debt Collection Agency - Focus on your Customer

This involves having the time free to conduct appropriate due diligence on the customer who has become a debtor.

When running a business, it is not always feasible to conduct due diligence when signing up a new customer to your service or selling them a good.

You can sometimes avoid this by deciding that you will not be providing  credit to customers other than those you know well, however this is not a choice all businesses have.

New and small size businesses may not be in a financial position to make such a decision, and as a result, they take risks in doing business with people who they have no real sense of whether or not they will do business.

When working with a Debt Collection Agency to assist with accounts receivable, whether this is a one off appointment or done as a means of outsourcing your work, at Advance Debt Collection we can assist you to understand your customer in a unique way.

We can use our experience to negotiate repayment plans that are realistic and in line with the income of the debtor, whether that is an individual, or a company.

We have experience in working with a variety of debtors, from individuals who require a complicated negotiation process to pay, to companies who owe a debt that try to dispute the debt exists at all.

At Advance Debt Collection as part of our receivables management service, we offer the following

Debt Collection Agency - Reference checks

A debt collection agency can undertake reference checks, including:

  1. Investigating clients on google and social media
  2. Inquiring with the debtor as to why they have previously not paid their invoices.
  3. Conducting insolvency checks
  4. Ensuring the integrity of the details of payment, ensuring these are correct and attempting to maximise the chances of getting invoices pad when and as they become due
  5. Assessing the potential payment delays (think situations such as building payments and other similar situations)
  6. Investigating potential trade credit insurance options.

Why you should Partner with a Debt Collection Agency

In Australia more than 60% of small business within the first three years of operating will unfortunately close its doors.

With the never-ending challenges business owners face daily the most common fact in business closure is ‘cash flow’.

Cash flow is essential to not only survival but also your ability to grow and prosper, without a solid cash flow position you are not able to meet your obligations and keep your business operating.

Whilst there are various reasons why business is impacted by cash flow one of the most paramount key functions of any business is invoicing and credit control, it is imperial businesses make sure they limit slow payers and bad debts with the appropriate processes and procedures.

Timely payments from debtors facilitates a healthy cash flow position as this essentially dictates the longevity of your business.

While you may employ a bookkeeper or have a dedicated accounts department who manage your invoicing and receivables, there is an overlooked function that could potentially save your business money and time, and that is to partner with a professional debt collection agency as an extension of your existing team, allowing you to focus on your business and not worry about chasing payments form customers.

As more and more business waste valuable resource chasing debts below are 7 reasons using a debt collection agency is the best business investment you can make.

One’s Time is a Valuable Commodity

Lefts face it operating your business is your focus in order to drive growth, you don’t want to be wasting your time chasing payments.

Engaging debt collectors to recover the outstanding money is their business, their sole focus is chasing debts in order to achieve the common objective – to get your debtors to pay as fast as possible.

Professional debt collection agencies are expert negotiators, tactful, persistent and even have an understanding of human psychology, they also have access to industry leading technology that can speed up the process of payment.

Most importantly as a debt collection agency they have they up to date knowledge of legislation regarding jurisdiction and procedures.

Influential Debt Collection Agency

When debtors are met with an official debt notification from debt collection agency, it has more impact than a call or email from you or your accounts team and more often than not invokes action.

Receiving contact from a third party has a psychological element involved and indicates to the debtor you are taking the matter seriously.

Knowing the debt collection agency will have processes in place to keep following up until the debt has been paid, the debtor knows they can not ignore the demand for payment forever.

Efficiency of a Debt Collection Agency

While the idea of an extra cost to your business may make you hesitate to use a debt collection agency, in most cases it works out to be more economical than to incurring the expensive set up costs for your own internal collection system.

There will be occasions when even with the many attempts from your accounts team a debtor will simply not pay.

When this situation occurs, you will at some point need to initiate collection proceedings so having an already established partner within your business means you not only mitigate these issues arising in the first instance but also you have someone at the ready to deal it promptly.

Customer Relations

Having a debt collection agency can work in your favour as they can sensitively deal with the issue of non-payment, which will allow them, if there is a genuine reason they haven’t paid, to save face and continuing to use your services once the debt is settled.

Serious Payment Terms and Processes

Using a debt collection agency send a clear message to debtors doing business with you that you take accounts receivable seriously.

It indicates to your customers that you expect the trade terms set up to be abided by and expectations that you will in return do the same.

Stronger Business Relationships

Separating accounts receivable enables you and your employees to maintain strong relationships with your customers and a professional agency will conduct themselves in such a way as to retain all the goodwill between your business and its customers that you have work so hard to achieve.

Efficient and Effective

All the points mentioned above mean for you as a business owner have a quicker resolution, freeing up you and your employees to do what they are employed to do instead of chasing money owed.

The most significant benefit partnering with a debt collection agency is a stronger cash flow due to quicker resolutions.

Many businesses today are engaging the professional services of a debt collection agency as a way to reduce bad debt, and remember if you are tempted to write off debts that remain unpaid a debt collection agency can help to mitigate the need to do this, and recovery the debt promptly.

The every day running of a successful business is a constant grind, and can be hard enough without the added stress of outstanding debts.

Thankfully, with the help of a specialist debt collectors help is at hand for your business.

Debt collection agencies will provide an essential service to recover bad debts, build valuable relationships with their clients and aid in the reduction of bad debt write offs. 

Working with a collection agency is beneficial to businesses who do not have the available personnel dedicated to managing errant receivables.

Debt recovery is an exhausting profession and takes a particular personality and experience to be able to collect debts, and in a lot of cases your personnel may not have the specialised skills or knowledge to manage debt collection.

Debt collection involves dedication to making phone calls and preparing letters, there are strict protocols to be followed along with the ability to explore any legal options.

Businesses with limited employees and time often find using debt collection services to be more effective than internal collections, it can also be more cost effective hiring a debt collection service instead of having employees do work that is outside of their expertise.

Maintaining and protecting your business’s relationships with clients is a savvy reason to hire a debt collection agency, as agencies are considered to be the “bad guys” using a third party may help to avoid any loss of clientele.

Using the debt collection agency to handle all the necessary steps for collection means they communicate directly with the debtor for all the calling, credit reporting and even in some instances litigation. 

Consider the below signs, if any of these apply to your situation you should contact Advance Debt Collection to assist with your debt collection today.

Limited documentation to debtor requesting payment

Throughout the debt collection process, it is essential to document all communications with the debtor, agencies are much better at doing this as all communication is recorded in the debt collection system of agency.

This results in you have a record of each and every effort made towards trying to collect the debt, which can then be used if you decide to take legal action against the debtor in the future.

Unsuccessful attempts to recover the debt yourself

Your chances of collecting problematic debts increases when you hire a debt collection agency as they have the experience and expertise in managing unpaid debts.

As a debt collection agency the one function they have is to collect debts that is their business, as professionals in this field they understand how to get debtors to pay legally and as an agency they pose a much great threat to debtors than yourself.  

Slow or sparse paying debtors

A debt collection agency will save you time, energy and money collecting your outstanding debts, and once they have made contact with the debtor, the debtor is more inclined to pay a debt collection agency more frequently and quicker. 

Unlike a debt collection agency, you’re time poor

Chasing debtors is time consuming and a typical accounts department may not have the time it requires each month to follow up on outstanding debts.

Consequently, a debt collection agency can devote all the time and resources into collecting your companies outstanding debts, it is because they can give it their undivided attention that they can achieve quick results on your behalf.

Insufficient debt collection agency resources and knowledge

Hiring a third-party debt collector, in addition to providing efficient debt recovery, means having access to a number of resources and strategies that would not normally be available to you.

An example of this is if a client cuts off contact, their phone is disconnected or they haven’t left a forwarding address the debt collection can tract the client using skip tracing. 

As debt collectors they also have access to public record databases, credit reporting systems and any other information source that is useful in finding and contacting a debtor.

If you are looking for a reliable debt collection agency for the recovery of your debts contact Advance Debt Collection, let us recovery your bad debts today!

6 Tips for Finding the Best Debt Collection Agency

When beginning your search for the best debt collection agency, it is wise to start with the opinions of others; reviews!

You’ll want to start with the age of the agency, as we know that experience and perfection only comes with time.

An agency too old however may have older methods of collection that simply are less effective nowadays, so try to find a prime age of 5-15 years old. Now onto the reputation.

The reviews of an agency are the perfect way to find an unbiased opinion on the company and how it operates.

If creditors have had negative experiences with the agency in the past, there’s a good chance they will have spoken about it on some sort of public forum.

It is important to look for a business that will preserve the reputation of your business also, so try to find agencies that have been reviewed as polite to debtors and easy to speak and negotiate with.

Tailor your Search

When trying to find the most effective debt collection agency, it is important you refine your search to agencies that directly tailor to your needs.

You should try to find an agency adequately familiar with your injury and aware of commonly used terms or language in the business.

It will likely be difficult for an agency to collect your debt effectively and efficiently if they do not understand the nature of it! Don’t be afraid to question the business and dig deeper into the services they offer so you can make an informed decision as to whether the particular agency is right for you.

You may also want to take into consideration the specific details of your matter, such as the size of the debt, the status (personal or commercial), and, as mentioned, the industry in which the debt is regarding.

You may even want to take into consideration the hours in which the agency is available to communicate with and see how well they line up with the hours of your business to maximise the time efficiency of the collection and keep up to date on the proceedings of the recovery. 

Best Debt Collection Agency Fees

The fees of the collection agency of your choice are also an important consideration in ensuring they adequately meet your needs and budget.

Fees for debt collection services will vary significantly across different businesses, so finding out the fees of agencies your considering is vitally important.

A majority of debt collection services will offer a “no collection, no pay” model, meaning their failure to recover your debts results in you not being required to pay for the service.

You should consider this model and pursue businesses that offer it to save you potential loss of money in the future. Furthermore, most agencies will work on a commission rather than an hourly rate, meaning they will take an assigned percentage of the debt recovered.

This commission can range greatly, some services charging up to 50%, so it is important to consider this before entering an agreement.

Remember to invest in a quality service, however, as the priority should be the return rate of the transaction and lower-priced services are likely to offer lower quality recovery. 

Research Success Rates

This may be quite difficult, but it is recommended you research the success rates of a debt collection agency before agreeing to or signing anything. In your pursuit of debt recovery, the hiring of a debt collection agency will likely be a near last resort.

If clients are stubborn or hard to reach, you may want to try a professional’s methods on them.

Well, it is important to ensure that said professionals’ methods are actually effective! You may want to begin by looking for agencies that have clear reports on their rates of success, recovery rate, comparison reports regarding different types of debt, etc as those who do not try to hide their rates are likely to be more transparent and, more importantly, successful in the future. 

Take your Time to find the Best Debt Collection Agency

It is important that you take your time with your search for the best agency for you and do not rush into any agreements, no matter how pressured you may feel.

It can take some serious man hours researching debt collection agencies and it may feel like a waste of time and, as we know, time is money! However, in most circumstances, you will find that a proper, thorough search is well worth the time it may take.

Imagine this scenario - You hire a debt collection agency, and all is well. You then find out they have broken multiple debt collection laws and the blame falls onto you. Sounds pretty bad right?

This is why a proper search through company policies and, as aforementioned, REVIEWS is vital in ensuring you get the best quality of service, and you are not left either in legal trouble or without any money recovered.

Ask about their Methods

When trying to find the best possible debt collection agency, it is wise to look into their methods also.

The most effective debt collection agencies will likely have a sound methodology and some of the best technology in the field, so be sure to ask questions surrounding this.

Furthermore, having an idea of the methods an agency will use will help to give you an insight into their likelihood of success, as modern methods are likely to be more successful, and exactly how they will recover your money.

You may also want to research the flexibility of the agency so you can gauge if they will offer multiple options for the debtor, as to increase success rates.

As aforementioned, there are strict guidelines on the action a debt collector may and may not take, and violation of said guidelines will land the creditor in legal trouble.

Checking in on the methods an agency will use will help you to avoid just this, as any unlawful methods or resistance to inform you of the methods is a red flag to avoid.

Debt Collection Agency Key Takeaways

Debt collection agencies play a vital role in the recovery of outstanding debts for creditors, and the negotiation of manageable payment plans for debtors.

Careful consideration and due diligence should be exercised when selecting an agency to ensure compliance with regulations and maximise recovery rates.

What is a Debt Collection Agency FAQs

We get asked a lot of questions about our role as a debt collection agency.  Here are just a few questions to help you.

What is a debt collection agency?

A debt collection agency is a business that collects outstanding debts on behalf of creditors. These firms may buy debts from creditors or work on a commission basis.

How does a debt collection agency work?

A debt collection agency typically contacts debtors to attempt to recover the unpaid debt. They may send letters, make phone calls, or even visit debtors in person. If the debtor agrees to pay, the debt collection agency may arrange for a payment plan or take legal action if necessary.

What are the consequences of not paying a debt collected by an agency?

Failure to pay a debt collected by an agency can lead to legal action, credit score deterioration, and further penalties and charges. Debt collection companies may also report outstanding debts to credit reporting organisations, affecting your future ability to get loans and other types of credit.

What does a debt collection agency do?

A debt collection agency is a business that attempts to recover unpaid money / debts for a client on a no win, no fee basis.  A debt collection agency will send letters, text messages, make phone calls and make field calls.

What happens if you ignore a collection agency?

If you ignore a debt collection agency then the creditor will likely file legal proceedings and judgment may be entered against you. This judgment can be enforced by warrant (seizure and sale, redirection of earnings), or with insolvency.

How long can a debt be chased in Australia?

In every State and Territory in Australia, the usual limitation time is six (6) years, except in the Northern Territory where it is three (3) years. If it has been six (6) years since a creditor has received a payment toward the debt, and there has been no written correspondence between the parties acknowledging the debt, then there is a good chance that the debt is now statute barred.

What happens if you never pay collections?

If you do not pay collections, then the creditor will likely commence legal action, obtain judgment against you, and force you to pay the debt by the Court enforcement process or with insolvency. 

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