Debt recovery in France

Debt recovery in France

Debt recovery in France

If your company is confronted with unpaid invoices, do not hesitate to call the law firm GOFFIN VAN AKEN in Strasbourg to initiate a debt collection procedure.

Order to pay procedure

We make a request for your account for an order for payment against your reluctant client. This request is accompanied by all the supporting documents proving the merits of your claim (purchase order, contract, unpaid invoice, letter of formal notice, etc.)

There is no minimum amount to initiate this procedure.

Your claim only needs to results from either:

  • a contract (quote signed by the customer for example) or
  • a bill of Exchange, a promissory note, a dailly slip.

The procedure is not adverserial, i.e the judge makes a decision in the light of the only elements that we have gathered. The judge does not hear the debtor (the client who owes the money). Secondly, if the judge considers the application to be valid, he shall make an “order for payment” for the amount corresponding to the claim he holds.

The firm is responsible for forwarding the order of payment to the debtor by a competent bailiff.

The latter then has a month to possibly challenge the claim by way of opposition to the Court that have rendered the decision.

If this is the path chosen by the debtor, the Court shall convene the two parties to attend a hearing. In this case, our firm will represent the client until the judgement.

If on the contrary the debtor does not manifest itself at the expiration of the one-month period, our firm is responsible for requesting to the court registry the label “la formule exécutoire” the enforceable formula to the order. This order is then a judgment that the firm will perform on behalf of the client.

 

Seizures and recoveries

As a reminder, a seizure is a procedure whereby a creditor appropriates the assets of his debtor to obtain the recovery of his claim. The seizure procedures are multiple and varied. Our firm knows how to set it up to guarantee your claim.

The seizure of a sum of money

  • Bank account entry
  • Seizure on a salary (unpaid alimony and other receivables)
  • Alimony: recovery by direct payment
  • Administrative entry to third party holder
  • Unseizable bank balance

 

Seize a property owned by debtor

  • Preventive seizure. This procedure is a seizure by provisional nature and which relates to the immovable assets of the debtor. By this seizure the debtor can no longer organize his insolvency. Indeed, he can no longer give or sell the immovable goods concerned by the seizure. Once ordered to pay its debt, if the debtor does not repay the creditor, the goods securiting may be sold (saisie-vente).
  • Seize a vehicle
  • Real estate seizure. In case of impossibility for the debtor to pay his debt, a property that he owns could be seized, under certain conditions. This procedure end up selling the property to the repayment of the creditor(s).

Do not hesitate to contact us !


Your lawyer is your partner !

Your debt collection lawyer in France accompanies you to defend your rights.