The amicable phase of commercial debt recovery is misunderstood by most creditors. They assume it means "asking nicely" — sending polite reminders and hoping for the best. It doesn't. The amicable phase is a structured engagement protocol designed to create conditions under which payment becomes the debtor's most rational economic decision.

When executed professionally, the amicable phase resolves 55-65% of commercial claims without any court filing. The creditor recovers the full claim amount. The debtor avoids legal costs and reputational damage. The commercial relationship survives. This is not a compromise — it is an outcome that is superior to litigation for both parties.

Technique 1: The informed demand

The first communication with the debtor sets the tone for the entire engagement. An effective demand letter communicates three things simultaneously: the claim is well-documented, the creditor has engaged professional enforcement capability, and the creditor has a clear timeline for escalation.

The demand is issued by a jurisdiction-specific specialist who speaks the debtor's language, references the enforcement instruments available in the debtor's jurisdiction, and presents a specific resolution window — typically 14-21 days. The debtor is not threatened. The debtor is informed. The distinction matters: threats create adversarial dynamics that reduce compliance. Information creates rational calculation that increases compliance.

The informed demand produces resolution in approximately 25-30% of claims. These are debtors who could pay and were waiting for a consequence of non-payment. The informed demand creates the consequence.

Technique 2: The structured follow-up

Debtors who do not respond to the initial demand within the resolution window receive a structured follow-up sequence. The follow-up escalates in formality and specificity: a phone call from the specialist, a second written communication referencing the approaching escalation deadline, and a final notice stating that the matter will be referred for legal action on a specific date.

The structured follow-up produces resolution in an additional 15-20% of claims. These are debtors who needed to see sustained professional engagement before authorising payment. A single demand letter doesn't create sufficient pressure. A sustained sequence does.

Technique 3: The partial resolution pathway

For claims involving partial disputes — where the debtor acknowledges part of the claim but disputes the remainder — the most effective technique is to separate the disputed and undisputed portions. The creditor pursues enforcement on the undisputed portion immediately while the disputed portion is addressed through a structured resolution process.

This technique prevents the common debtor strategy of using a minor dispute to block the entire claim. A debtor who owes €200,000 and disputes €15,000 cannot use the €15,000 dispute to avoid paying the undisputed €185,000. The separation of portions keeps the recovery moving while the dispute is resolved.

Technique 4: The payment plan with enforcement backstop

For debtors who are willing to pay but unable to pay the full amount immediately, a structured payment plan with an enforcement backstop produces the best outcome. The payment plan specifies amounts and dates. The enforcement backstop specifies that default on any instalment triggers immediate escalation to legal enforcement on the full remaining balance.

Payment plans without enforcement backstops fail at a high rate — approximately 40% of debtors who agree to payment plans default on at least one instalment. Payment plans with enforcement backstops have a default rate below 15%, because the debtor understands that default reactivates the enforcement process.

When the amicable phase doesn't work

The amicable phase does not resolve all claims. Approximately 35-45% of commercial claims require escalation to formal legal instruments. The claims that don't resolve amicably share common characteristics: the debtor is insolvent, the debtor disputes the claim substantively, or the debtor has made a strategic decision to resist payment.

For these claims, the amicable phase has still served a critical function: it has documented the creditor's good-faith efforts to resolve the matter, which strengthens the creditor's position in subsequent legal proceedings.

If you're holding receivables that haven't responded to internal follow-up, the amicable phase with professional calibration produces resolution rates that internal teams cannot match. Brief our team for a no-obligation assessment of your receivables.