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Collection period & exclusivity: what it means and when you can withdraw a case

A collection period is a time-bound engagement during which a collection partner has exclusive rights to work on a case under standard terms.

Updated over a week ago

Definition

The collection period is defined in Section 06 of the Standard Debt Collection Agreement (SDCA). It begins when a client submits a pre-legal case to Debitura covered by the Standard Debt Collection Agreement, and lasts for an initial six months. During this period, the assigned collection partner has exclusive rights to recover the debt.

Collection periods apply only to cases with standard pre-agreed pricing. Cases handled under custom quotes do not have collection periods unless agreed directly between the client and collection partner via the custom quote.

Exclusivity during the collection period

During an active collection period, exclusivity grants the collection partner certain rights and imposes obligations on the client.

Collection partner rights

  • Contact the debtor regarding the claim

  • Negotiate payment terms with the debtor

  • Receive commission on any amounts recovered

Client obligations

  • The client cannot communicate directly with the debtor about the claim (except to forward inquiries to the collection partner)

  • The client cannot engage other collection agencies or legal representatives for the same claim

  • The client cannot withdraw the case without paying the full success fee

If the debtor contacts the client directly, the client should reply and copy the collection partner, then direct the debtor to contact the collection partner for further communication. Receiving a payment from the debtor is not considered a breach, but the client must notify the collection partner within three days.

Events that extend the collection period

The collection period automatically extends by 12 months when any of the following events occur:

Event

Description

Extension trigger

Written promise to pay

Debtor provides a written promise to pay either the collection partner or client

12 months from the date of the promise

Signed payment agreement

Debtor signs a payment agreement (such as an installment plan)

12 months from the agreement date

Actual payment

Debtor makes any payment to the collection partner or client

12 months from the payment date

Multiple extensions can occur. Each new qualifying event starts a fresh 12-month period, forming a chain of extensions. Only one collection period is active at any time per case.

Withdrawal rules

Withdrawal during the collection period

A client cannot withdraw a case during the collection period without fulfilling the obligation to pay:

  • The full success fee (calculated as if the total claim had been recovered)

  • Any partner-added fees that have accrued

This obligation exists because the collection partner has committed resources and exclusive rights to the case. The fee calculation is based on the standard success fee tiers applicable to the claim.

Withdrawal after the collection period

After the collection period expires (and no extensions are active), a client may withdraw the case freely without incurring any fees. The exclusivity clause no longer applies.

Breach of exclusivity

If a client breaches exclusivity during the collection period (for example, by engaging another collection agency for the same claim), the client becomes immediately liable to pay:

  • The full success fee, calculated as if the total claim including all accrued fees had been fully recovered

  • Any other applicable costs

This penalty applies regardless of whether the claim is ultimately collected by another party.

Kindly note that the platform does not automatically close cases based on the collection period. Use the chat feature to coordinate this.

Impact by actor

Client

  • Commits to a six-month exclusive engagement when submitting a case with standard terms

  • Cannot withdraw during the collection period without paying the full success fee

  • Must notify the collection partner of any direct debtor contact or payment within three days

  • May withdraw freely after the collection period expires

Collection Partner

  • Receives exclusive rights to work on the case during the collection period

  • Retains commission rights on any amounts recovered

  • Is entitled to the full success fee if the client withdraws early or breaches exclusivity

Debtor

  • May pay the collection partner or the client directly

  • Any payment during the collection period extends it by 12 months

  • A written promise to pay or signed payment agreement also triggers an extension

Debitura

  • Defines the collection period terms in the Standard Debt Collection Agreement

  • Tracks collection period status and extensions in the platform

  • Facilitates the relationship between clients and collection partners

Where to find this in the platform

Clients can view their signed agreements on the Contracts page in the client portal.

Collection partners can view their signed agreements on the Contracts page in the partner portal.

Related articles

If anything in this page conflicts with the Standard Debt Collection Agreement (SDCA), the SDCA is the legally binding source of truth.

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