Debt Collection
What your lawyer can do for you when it comes to debt collection
#Recovery
You have a special problem to deal with on a one-off or recurring basis: debt collection, unpaid bills, guarantees, etc.
We have a great deal of experience in debt collection, which we have been doing for over 25 years.
The method to be implemented according to the urgency of the situation will allow you to optimize the chances of recovery.
We know how to:
- Make a diagnosis very quickly on the stakes at hand, in light of the problem you are encountering.
- Implement a strategy adapted to the situation at hand: whether it is a question of protective measures for the recovery of a debt, emergency measures or the preservation of your rights in the event of collective proceedings such as safeguarding, receivership or judicial liquidation of your debtor.
Your debtor no longer responds to your reminders and you fear for the recovery of your debt?
We can take it from there. The earlier we take action, the greater your chances of recovery.
- We discuss the strategy to be implemented after analyzing the file, particularly with regard to the amount of your debt, the information available on the solvency of your debtor and your needs.
- The tools at our disposal are diverse and varied. We provide you our support in the implementation of the agreed strategy. We can help you resolve these difficulties either amicably or through the legal system.
Your team
The team is multidisciplinary, and we combine our skills
and experience because we have our clients’ best interests at heart.
Faculté de Droit d’Angers
Master 2 Contentieux privé
Faculté de Droit de Caen Normandie
Ecole des Avocats de Poitiers
Prestation de serment en 2020
Master’s degree in Corporate Law
Admitted to the bar in 2001
Master’s in Private Law
You have questions. We are here to help you.
How can I force my debtor to pay me?
After having sent a formal notice to your debtor, you will have to summon him/her before the court having jurisdiction over the matter.
It is possible to obtain an order for payment which does not require a hearing if your debtor does not object.
How do I seize my debtor's bank account?
There are two possibilities: you can have a judge authorize you to seize your debtor’s accounts as a precautionary measure if you can prove that the collection of your debt is threatened.
You can also, after obtaining a court order, seize your debtor’s accounts to obtain enforcement.
How to obtain an order for payment?
An order for payment is issued on the basis of an application in which you state your claim and justify your debt. Once the application has been filed with the clerk of the court having jurisdiction over the matter, an order of admission or rejection is issued by the President of the court.
You then have to give the case to a bailiff (“huissier”) to serve the writ and wait for your debtor to let the time limit pass or to react to enforce the order afterwards.
It is only if the debtor challenges the decision that the case will be brought before the Court.
How to get paid from a debtor in safeguard, receivership, or judicial liquidation?
The prerequisite for any action is the declaration of claim to be made in the hands of the judicial representative or the judicial liquidator. In the context of a receivership or a safeguard you can be settled within the framework of the execution of a plan for the settlement of liabilities (which can last up to 10 years).
In case of judicial liquidation, after the realization of assets, if funds are available and depending on the rank of your claim, sums may be allocated to you by the liquidator.
What can I do about my debtor's silence?
If a debtor remains silent, it is advisable to send him/her a formal notice. The assistance of your lawyer at this stage can be very useful. If this formal notice is not followed by action, it will then be appropriate to either obtain an order to pay or to initiate legal proceedings. This second solution may be more effective in case of imminent danger to the claim in particular.
How can I protect myself from my debtor's bankruptcy?
If you are worried about paying your invoices, then you should either request a provision before any delivery or negotiate payment deadlines or encourage your debtor to use a preventive measure or resort to an emergency legal procedure (procedure for interim relief).
I am a creditor of a company that is subject to a prevention or conciliation measure. Can you assist me in the procedure?
If your debtor is subject to a preventive or conciliation measure, thanks to our experience in these different procedures, we can assist you in monitoring your debt in order to optimize your chances of recovering same.
How do I enforce my retention of title clause?
Your retention of title clause allows you to assert your rights as owner of the goods until full payment is made. However, this provision must be enforceable against your debtor.
This provision must be brought to his/her attention at the latest on the day the goods are delivered.
The existence of your retention-of-title clause against your debtor can also be justified by a business relationship.
It will then be necessary to proceed with a claim of these goods when your debtor is in safeguard, reorganization, or judicial liquidation to allow you either to recover the goods still present, or to be paid for them if they are sold after the opening of the collective procedure.
My debtor does not respond to me anymore, how can I get back to him/her?
We can send a demand for payment within a specified period. This formal notice, drafted by a lawyer, is a real coercive measure.
I want to start a procedure, but I am afraid that my debtor will become insolvent, how can I protect myself from this?
We can allow you to freeze your debtor’s available funds prior to any legal proceedings in order to secure the payment of your debt at the time of obtaining the court decision.
I want to start a quick and inexpensive procedure, what should I do?
We can initiate a payment order procedure for you. This measure is simple and inexpensive. It will allow you to obtain a court decision. We follow its execution for you.
My debtor is in collective proceedings, what should I do?
We can assist you with the declaration of claim, the claim, the continuation of your contract, examine the possible offsets of claims, etc.
I’m afraid I won’t get paid before my debtor files for bankruptcy. How can I move fast?
We can initiate an emergency procedure by summoning the debtor before the President of the court having jurisdiction over the matter. The decision will be enforced immediately against your debtor’s property.
