Debt collection in Bangladesh

Our local debt collection agency located in Bangladesh who will directly initiate collection actions on the spot:

We are pleased to introduce Maxim Credit Management Services as our debt collection partner in Bangladesh. They will immediately start collection actions in Bangladesh when you start a case.

The debt collection process in Bangladesh.

The debt collection process in Bangladesh starts when an invoice against a Bangladeshi debtor is due and unpaid. Attempts to collect the debt are initiated through contact and reminders. Sometimes legal action is needed to enforce payment. There are also occasions when insolvency proceedings are initiated because of the debtor’s inability to pay. If the debtor simply is insolvent with too many debts.

Out-of-court debt collection in Bangladesh.

As mentioned above, the debt collection process is initiated by a debt collection agency putting pressure on the debtor through tough negotiations and persuasion. The aim is to get the debtor to pay “voluntarily” without having to go to court.

A local debt collection agency in Bangadesh has the ability to “threaten” the debtor with legal action if he does not comply with the payment demands. When this “threat” is made by a debt collector located in Bangadesh, it is rightly perceived as a much more tangible threat that can be enforced. This has a hugely positive effect on a debtor’s willingness to pay.

Our collection agency in Bangadesh has many years of experience in dealing with debtors in Bangladesh and they know exactly what persuasion buttons to push to get the debtor to pay.

Judicial debt collection in Bangladesh.

The legal system.

Bangladesh is a jurisdiction based on common law since the days of colonial British rule. Since independence in 1971, statutory legislation passed by the Bangladeshi Parliament has been the main form of legislation. However, many of the basic laws in Bangladesh, such as civil and criminal procedural laws, contract law and company law, are influenced by English common law.

Judicial structure in Bangladesh.

At the top of the judicial hierarchy in Bangladesh is the Supreme Court of Bangladesh. This consists of two different divisions, the High Court Division and the Appellate Division. The Appellate Division is the final court of appeal in Bangladesh. It hears appeals against judgments of the High Court Division. The High Court Division has the power to hear appeals and reviews from lower courts and also to uphold fundamental rights.

Below the High Court are a bunch of civil courts with the following hierarchy in descending order:

– District Court: it has jurisdiction to hear appeals from lower courts if the value of the dispute is less than 5,000,000. For higher amounts, appeals are made to the High Court Division.

– Additional District Judge Court: it has the same powers as the District Judge, but can only exercise its powers if the District Judge refers a case to it.

– Joint District Judge Court: the first instance of judicial collection in Bangladesh if the amount in doubt is 25 00 001 or more.

– Senior Assistant Judge Court: the first instance of judicial collection in Bangladesh if the amount in doubt is from BDT 15 00 001 to BDT 25 00 000.

– Assistant Judge Court: The first instance for judicial collection in Bangladesh if the amount in doubt is less than BDT 15,00,000.00.

In addition to these “general” civil courts, there are also a few special courts that hear cases involving specific legal issues. For example, there is a special insolvency court.

The process in court.

Civil proceedings are generally initiated by the creditor filing a writ of summons with the court.

At the trial, the plaintiff and the defendant present their positions and evidence in support of their position.

The defendant must submit a written statement of defence at or before the first hearing, or within the maximum period of two months.

Can civil courts in Bangladesh grant summary judgments?

There are a number of circumstances in which civil courts may grant summary judgment without proceeding to trial.

– if a defendant fails to file a statement of defence within the prescribed time, the court may give judgment.
– The court can also give judgment without a trial if the parties are not in dispute.
– If a defendant does not appear before the court after being served with a summons, the court may also give an ex parte judgment.

Court costs.

The court fee for filing a summons is payable by the plaintiff when the summons is filed and the amount varies depending on the nature of the case and the amount of the claim. These costs are paid by the party bringing the action.

The court then has the right to award costs in favour of the winning party. In practice, however, this is extremely rare and usually the parties bear some of their own costs.

Statute of limitations.

In general, the time limit for bringing a civil claim varies from 6 months to 12 years, depending on the nature of the claim and the subject matter of the claim.

This is how our debt collection service works.