Definition
Under the SDCA, a pre-legal case (also called a "Claim") is defined as:
An undisputed monetary claim uploaded to the Debitura platform
For collection without court involvement (amicable or pre-legal phase)
With a minimum principal amount of $100 USD
Pre-legal cases are handled by the assigned Collection Partner through out-of-court actions such as demand letters, phone calls, and payment negotiations.
Qualifying Criteria
A case qualifies for standard pre-legal terms when it meets both of the following conditions:
Criterion | Requirement |
Claim type | Unpaid Invoice or Loan Repayment |
Dispute status | Not Disputed or Unknown |
Cases meeting these criteria receive automatic standard pricing (no cure, no pay) based on the SDCA fee tiers. See Success Fees for details on how pricing is calculated.
Claim Types That Do Not Qualify
The following claim types fall outside standard pre-legal terms:
Breach of Contract
Property Damage
Personal Injury
Defamation
Product-Related Claims
Other / Don't know
For these claim types, the Collection Partner may provide a custom quote with non-standard pricing.
Impact of Disputes
Disputed claims cannot be processed through amicable (pre-legal) debt collection. If a debt is disputed or becomes disputed during collection:
The Client must inform the Collection Partner
The case no longer qualifies for standard pre-legal handling
The Collection Partner may offer a custom quote to continue, or the case may be sent to the legal network for competitive quotes
Cases Outside the Standard Agreement
Cases that do not meet pre-legal criteria are outside the scope of the SDCA. This includes:
Disputed claims
Non-qualifying claim types (listed above)
Cases requiring legal action or court involvement
For these cases, the Collection Partner may either:
Accept the case on standard terms anyway (at the partner's discretion)
Provide a custom quote with pricing tailored to the case complexity
If no exclusive partner is available for the jurisdiction, or if the partner declines, the case is distributed to the legal network where multiple partners may submit competitive quotes. Custom quotes must be approved by the Client before work begins. See Custom Quotes for more information.
Impact by Actor
Client
Pays no upfront fees for pre-legal cases (no cure, no pay model)
Must provide accurate claim type and dispute status when submitting a case
Must notify the Collection Partner if a dispute arises
Collection Partner
Receives pre-legal cases automatically under standard SDCA terms
Must accept valid pre-legal cases unless a legitimate reason exists (conflict of interest, jurisdictional issues, etc.)
May decline non-qualifying cases or provide a custom quote
Debtor
Contacted by the Collection Partner through out-of-court methods (letters, calls, emails)
Responsible for the principal debt plus any legally permissible fees (interest, collection fees) added during the collection process
Debitura
Validates case eligibility before forwarding to the Collection Partner
Routes non-qualifying cases to the legal network for custom quotes if the exclusive partner declines
The definitions and criteria on this page are derived from the Standard Debt Collection Agreement (SDCA). If anything in this page conflicts with the SDCA, the SDCA is the legally binding source of truth.