Definition
The Power of Attorney is a legal document that functions as an appendix to the Standard Debt Collection Agreement (SDCA). While the SDCA establishes the general framework for debt collection, the PoA specifically authorizes a named collection partner to act on a client's behalf.
Key characteristics:
Partner-specific: Each PoA names a specific collection partner. A client signs a separate PoA for each partner that handles their cases.
Persistent validity: Once signed, the PoA covers the first engagement with that partner and all subsequent cases handled by the same partner.
SDCA-governed: All terms and conditions stated in the Standard Debt Collection Agreement apply to the PoA.
What the PoA authorizes
The PoA grants the collection partner authority to perform the following actions on behalf of the client:
Communicating with the debtor - The partner may contact the debtor directly regarding the debt.
Negotiating payment terms - The partner may agree to installment plans or settlements within the limits defined in the SDCA.
Initiating legal proceedings if necessary - The partner may escalate to legal action when appropriate (subject to separate legal agreements).
Receiving payments with discharging effect - Debtors may pay directly into the partner's bank account, after which the partner remits the recovered funds (less fees) to the client.
When the PoA is signed
The PoA is signed at a specific point in the case creation flow:
Client signs the SDCA first - Before uploading any case, the client must sign the Standard Debt Collection Agreement.
Case is assigned to a partner - Debitura matches the case to an appropriate collection partner based on jurisdiction and case type.
PoA is signed before case work begins - If this is the client's first case with that specific partner, the client signs a PoA authorizing that partner before the case proceeds.
For subsequent cases with the same partner, no additional PoA is required. The original PoA covers all future engagements.
Signing process
The PoA signing process differs from the initial SDCA signing:
Two-factor verification: The initial SDCA signing requires a six-digit code sent to the client's email. Subsequent PoA signatures do not require two-factor verification.
Stored signatures: Clients may store a default signature which is automatically inserted when signing new PoAs.
Electronic signatures: Signatures are drawn in the browser and merged into a PDF that is stored securely.
Impact by actor
Client:
Must sign a PoA before any partner can begin working on their case.
The PoA remains valid for all future cases with that partner.
Can view signed PoA documents in the Contracts section of the platform.
Collection Partner:
Receives legal authority to act on the client's behalf once the PoA is signed.
The PoA is referenced as part of the case documentation.
Can view PoA status in the Contracts section of the partner portal.
Debtor:
Receives communications from an authorized representative of the client.
May make payments with discharging effect to the collection partner's bank account.
Debitura:
Facilitates the PoA signing process through the platform.
Stores signed documents securely and tracks contract versions.
Does not perform debt collection directly but enables the legal framework between client and partner.
Where to find signed documents
For step-by-step instructions on signing and accessing PoA documents: