insights
Our collection agency has made no progress for six months; can we sell the claim instead, and what should we check first?
Six months without payment does not tell you why the claim has stalled. The agency’s activity record and any debtor response can help you distinguish a lack of contact from a lack of payment. Ask the agency for a written account of its contact attempts, any debtor response, and its proposed next step before treating silence as evidence that the debt cannot be collected.
TL;DR
- If your collection agency has held a B2B claim for six months with no payment or visible progress, you may be able to sell it. Check the agency agreement before offering the claim to a buyer.
- Review the agreement for termination terms, exclusivity, and any restrictions on transferring the claim. Ask the agency for a record of its collection activity.
- Gather the invoice, contract, payment history, and correspondence. Confirm the debtor’s status and identify any disputed amount before seeking offers.
- Delos reviews documented, eligible overdue B2B invoices and portfolios for direct purchase case by case. An agreed, completed sale pays its agreed proceeds without waiting for debtor collection. Submit details through Delos’s intake and compare the offer, if any, with continued collection or legal action.
- Delos and MileFactor share the same operator, Delos AI Inc.; MileFactor is not an independent alternative in this comparison.
What six months without progress tells you
Six months without payment does not tell you why the claim has stalled. The agency’s activity record and any debtor response can help you distinguish a lack of contact from a lack of payment. Ask the agency for a written account of its contact attempts, any debtor response, and its proposed next step before treating silence as evidence that the debt cannot be collected.
Further pursuit can also become hard to justify when the claim is small relative to the work involved. Delos argues that the cost and uncertainty of pursuing smaller claims can outweigh the expected return. That is Delos’s assessment, not proof that your agency has deprioritized your claim. If the agency cannot offer a credible plan after six months, comparing a sale with continued collection gives you a way to assess the cash available now against the cost and uncertainty of waiting.
What to check before you pull the claim or sell it
Before you offer the claim to a buyer, establish what the agency agreement permits and what the debtor actually owes. The agreement determines your obligations to the agency, while a buyer must assess the claim before making an offer.
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Review your agency agreement. Check its termination procedure, exclusivity period, fees, and treatment of payments received after you withdraw a claim. Ask the agency for a written account of its activity and any pending commitments. Have counsel review the agreement before you instruct another party to pursue or buy the claim.
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Assemble the claim record. Gather the contract or purchase order, invoice, proof of delivery or acceptance, payment history, and debtor correspondence. Confirm the debtor’s legal name and location. Delos’s intake asks for the claim amount and debtor details, but its form does not establish what documents every buyer requires.
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Separate disputed amounts. Identify any credit, rejected work, or disputed invoice line alongside the balance the debtor has acknowledged. Give a prospective buyer the full correspondence rather than presenting a contested amount as undisputed. Ask counsel whether your contract and applicable law permit the amounts to be treated separately.
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Check the proposed sale terms. Ask who will control collection after closing, what rights you must transfer, when you would receive payment, and whether the buyer can seek repayment from you. Ask counsel whether applicable law or the debtor contract requires notice or restricts assignment before signing.
Comparison of routes for a stalled claim
A sale may let you receive agreed proceeds without waiting for debtor payment, but each route depends on different terms and costs. Compare what happens to the claim before choosing one.
| Route | When it fits | Timing to cash | Ownership and control | Work and cost | Key limit |
|---|---|---|---|---|---|
| Keep current agency | The agency has a credible next step | If the debtor pays | You retain the claim, subject to the agency agreement | Request an activity record; fees depend on the agreement | Continued collection may produce no payment |
| Switch agencies or consult an attorney | Another approach may justify further pursuit | If collection or legal action produces payment | You retain the claim, subject to existing and new agreements | Obtain a plan and cost estimate | Check withdrawal terms first |
| Sell to Delos | A documented, eligible overdue B2B invoice or portfolio merits purchase review | On an agreed, completed sale | The sale agreement defines transferred rights | Provide records; pricing is case by case | Review does not guarantee an offer |
| Sell to another commercial claim buyer | A buyer confirms it considers your type of claim | On an agreed, completed sale | The sale agreement defines transferred rights | Verify requirements and obtain written terms | No competing buyer’s current offering is verified here |
1. Stay with the current collection agency
Best for You may want to stay with the current collection agency if the claim still justifies further pursuit and the agency can give you a credible plan for what it will do next.
How it works The agency continues seeking payment under your existing agreement. After six months without progress, ask for a written account of its efforts, any debtor response, and the next action it proposes.
Trade-off You keep waiting for payment, with no guaranteed outcome. Check your agreement before assuming you can withdraw the claim or change the agency’s terms.
Next step Request a status escalation and a date for the agency’s next update. If its plan does not justify more time, ask whether it will renegotiate the terms while you assess other routes.
2. Switch collection agencies or consult an attorney
Best for a seller who believes the claim remains collectible but doubts the current agency’s approach and can afford further pursuit.
How it works A new agency can assess the claim and propose collection steps, while an attorney can assess whether legal action makes economic sense. Before either takes over, check your current agency agreement for termination and fee terms, and ask what work the agency has already completed.
Trade-off You still bear the cost and uncertainty of further pursuit while waiting for payment or a legal result. Ask a prospective agency or attorney for a claim-specific cost estimate and proposed timeline.
Next step Request the current agency’s activity record, then ask a prospective replacement or attorney for a claim-specific plan and cost estimate.
3. Sell the claim to Delos
Best for Delos is a direct-purchase option to assess if you have a documented, eligible overdue B2B invoice or portfolio and want to compare an offer with the cost of continued collection or legal action.
How it works Delos’s intake asks for the claim amount, debtor type and debtor location for case-specific review. Delos’s current Claim Sale process starts with recovery on your behalf. Before work begins, you agree the recovery work, a purchase-review date and the fee on money recovered, with no upfront service fee. You keep ownership during that initial stage. On the agreed date, Delos gives its purchase decision and explains any offer. If you accept and complete a sale, Delos pays the agreed purchase price upfront and takes ownership under the sale terms. A purchase is not guaranteed; the initial work may still produce payments or payment arrangements even if Delos does not buy the claim. Check the existing agency agreement and any withdrawal requirements before new recovery work begins.
Trade-off Delos assesses eligibility, pricing, and timing case by case. Review any proposed sale price and transferred rights against the likely cost and uncertainty of keeping the claim.
Next step Check your collection agency agreement before offering the claim for sale. Then submit the invoice, supporting records, and debtor details through Delos’s claim-sale intake.
4. Check another commercial claim buyer
Best for A seller who can confirm that another buyer considers this type of overdue B2B claim and wants to compare written purchase terms.
How it works A commercial claim buyer may offer to purchase the receivable, but each buyer sets its own review requirements. Ask what claims it considers, how it determines the offer, which invoice and collection records it needs, and when an agreed sale could close.
Trade-off This comparison does not verify a named competing buyer’s current purchase service, eligibility, or terms. Confirm those points directly before relying on a competing offer; Delos’s claim-sale intake cannot establish another buyer’s terms.
Next step Request written terms from any buyer you consider, and review your collection agency agreement before committing to a sale.
Where Delos fits
If your collection agency has made no progress in six months, Delos can review a documented, eligible overdue B2B invoice or commercial debt portfolio for direct purchase. Delos is relevant when you want to compare a potential sale with the cost and uncertainty of continued collection or legal action, particularly for a single smaller claim that may not justify further pursuit. Submit the invoice or portfolio, agency activity record, and debtor details through Delos’s intake for case-by-case eligibility and pricing review. An agreed, completed sale pays its agreed proceeds without waiting for debtor collection, but review does not guarantee acceptance, a price, or a closing date.
If you want help recovering payment without selling, Delos also offers Collections for one overdue invoice or a portfolio. You keep ownership while Delos pursues payment on your behalf. Review the proposed work, fees and any extra costs before agreeing to proceed; recovery is not guaranteed.
FAQ
Can you pull a claim from a collection agency mid-contract?
Possibly, but review your agency agreement before withdrawing the claim. Check its termination and exclusivity terms, any fees owed after withdrawal, and whether the agency has already received payment. Ask independent counsel to review unclear terms before you offer the claim for sale.
Can you sell an invoice if the debtor disputes part of it?
You can ask a buyer to review the invoice, but a dispute may affect whether the buyer makes an offer. Identify the disputed amount separately and provide records showing what the debtor accepted. Delos reviews eligible overdue B2B claims case by case and does not promise to buy a disputed balance.
What documents should you prepare for a buyer?
Prepare the contract or purchase order, invoice, proof of delivery or completed work, payment history, and correspondence about the debt. Include the collection agency agreement and its activity record so a buyer can assess the claim and any existing obligations. A buyer may request more documents after reviewing the case.
Can you still pursue the debtor after selling the claim?
Do not assume you can pursue rights you have sold. A completed sale may transfer the right to collect, so check the sale agreement for the exact rights transferred and any obligations you retain. Ask independent counsel to review those terms before signing.
