Judicial debt recovery

The aim is to obtain a judgment that will be enforceable for 10 years

The more responsive you are, the greater your chances of recovering what you are owed.

SOME LIMITATIONS:

THE MOST COMMON PRODECURES:

The court order to pay (La procédure d’injonction de payer)

Debts: from 4,000 € to 10,000 €

Evidence required: All documents proving the contractual relationship, such as contacts, agreements, bills, purchase orders, and delivery orders.

Process: The request (La Requête) is filed at the competent court (Tribunal competent) in order to obtain a ruling (Ordonnance) carrying an order to pay for the sum imposed by the judge. The ruling is then passed to a huissier de justice to proceed to the official notification (Signification) and inform the debtor who has a period of one month in which to contest it. It then returns to the court office (Greffe du Tribunal) in order to obtain the writ of execution (Titre Exécutoire).

Time taken:

Cost: around 200.00 € excluding taxes

For personal debt of less than 4000 € the procedure is the same but it will go through the local courts.

Substantive or interim proceedings

Debts: over 10,000 €

Evidence required: All documents proving the contractual relationship, such as contacts, agreements, bills, purchase orders, and delivery orders.

Process: Collection of evidence for the debt – Transfer to one of our attorneys – Subpoena to attend via a huissier. The judgment obtained must be notified to the debtor via a huissier.

Time taken:

Cost: around 1,500.00 € excluding taxes

Simplified procedure for checks

Debt: Dishonored checks

Evidence required: original check and certificate of nonpayment.

Process: Obtain certificate of nonpayment (Certificat de non-paiement )– Transfer to one of our huissiers de justices – Official notification of certificate of nonpayment – Writ of execution (Titre Exécutoire)within 15 days in the absence of payment by the debtor – Notification of the writ to the debtor.

Time taken:

Cost: around 300.00 € excluding taxes