The lawyer and the debt collection

Businesses are often faced with problems of bad debts on time. Our transactional lawyers can help you collecting those debts anywhere in France.

Business leaders are often not competent to handle such problems requiring assistance in these recurring disputes in order to recover the sums due.

The lawyer can act to resolve the problem quickly while maintaining relations and corporate image.

It can occur at various times: in prevention, amicable settlement and judicial recovery.

Before ending up in an inextricable situation it is advisable to hire a lawyer so he can prevent any unpaid.

There are several mechanisms:

The bond: a commitment by which a subsidiary guarantor undertakes to pay a creditor in the event of default under

The creditor may, if the debtor does not require that the bond pays to its place.

This mechanism can therefore provide certainty to business leader.

The reservation of ownership: clause whereby the parties at variance with the rule of law agree that the transfer of ownership shall be effective until the date of full payment of the price. This ensures the solvency of the customer and to prevent the failure of the counterparty.

The measure on all or part of the estate. This measure has a different focus that the company is in liquidation or bonuses.

If the company is in bonuses that will prevent the debtor is squandering his inheritance with systems such as the provisional judicial mortgage on immovable property seized from the bank account ... If the company is in liquidation it helps to have a particular place in the classification of receivables.

The lawyer will advise you the best in the implementation of these preventive measures.

Before the litigation stage there is the appeal court. The creditor may appoint a lawyer for the amicable recovery of debts for him to claim the debt burden of the debtor effectively. An agreement must be made between lawyer and client which contains the basis of the claim, details of the amount owed, the conditions for determining the remuneration paid by the creditor and the conditions for recovery of funds collected for creditor's account.

Then the lawyer in charge of recovery sends a letter containing certain required data to the debtor.

The lawyer will be very helpful towards the recovery with several kinds of raises (registered letters, telephone). It also seeks to maintain good relations with debtors who can sometimes be important customers.

In the case of a failure of mutual phase, the company needs to shift gears and start legal action to obtain payment of outstanding debts.

There are two categories of procedures and the choice is not always easy. For this reason the intervention of a lawyer is necessary to guide you and is already a regular courts, he may give you some advice:

Seizures: It is a way to use directly in the debtor's assets. We can distinguish the seizure of the award before sale.

The seizure is the act by granting the creditor will seize from a third party claims it holds on behalf of the debtor. Consider an example: if the debtor owns an apartment the creditor may apply directly at the tenants rent.

There are also entered on wages. The creditor with a writ of execution who finds a debt due and payable may obtain samples from the payments of the employer to the employee to recover the debt.

Seizure sale allows the creditor to seize the debtor's movable and sell them to recover debts.

Partnership rights and securities are also seized.

Emergency procedures, we can describe two:

The payment order before the district court is a court procedure allowing a rapid creditor to compel the debtor to honor his commitments.

It is possible to initiate this procedure if the claim results from a contract, a legal obligation with a fixed amount of a bill of exchange a promissory note and the acceptance of assignment

The claim must result from a refusal of the debtor.

The lawyer then filed a creditor's representation called query written request accompanied by several supporting documents is lodged at the local court is in the court proceedings in the amount of the civil claim. The jurisdiction is the domicile of the debtor.

The request is dated and signed an act that includes a number of indications on pain of nullity.

The summary: This procedure allows the recovery of the debt when it is not seriously disputed (809 al 2 NCPC).

It is the epitome of an emergency procedure. The main advantage of this procedure is its speed. However it has failed to render temporary orders which do not bind the trial court. Also, it does not convert a measure into a definitive measure.

The lawyer is a valuable element in all phases of debt collection. He will feel more secure by erecting guardrails and defend you by juggling the different legal tools at his disposal.

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