Lawyer - Debt collection

Unpaid debts, whether business invoices (for example, unpaid bills) or personal debts, are a major problem. Taking effective action to recover your debts is essential for the financial health of your business or the preservation of your assets. Our law firm, with its wealth of experience in debt recovery, offers you comprehensive legal support, from amicable negotiation to enforcement. Our practice leads us to choose the means best suited to your case, while clearly informing you of the procedures and costs involved. Our debt collection lawyer is committed to defending your interests with determination, drawing on an in-depth knowledge of civil and commercial law, as well as the Code of Civil Procedure.

The debt collection process: from the amicable phase to enforcement

Debt collection can involve several phases. The objective is always to enable you to obtain payment by adapting the strategy. It is important to choose the right course of action to optimise your chances of success.

The out-of-court collection phase: a preliminary stage that is often essential

Before any binding measures are taken, an amicable collection attempt is often a prerequisite. This may involve sending a reminder letter, followed by a detailed letter of formal notice (or demand to pay), and opening negotiations for voluntary payment, possibly in instalments. This is one way of avoiding lengthy and costly litigation. Our firm drafts these letters with the necessary legal rigour and can conduct the negotiations, establishing clear communication with the opposing party. There are also debt collection companies, but the involvement of a lawyer at this stage can have a more dissuasive effect and better prepare you for any legal action that may be taken.

For claims with a contractual basis (e.g. unpaid invoices on purchase orders) or arising from a statutory obligation of less than €5,000, the law provides for a simplified recovery procedure. Implemented by a court commissioner, it can lead to an enforceable title if the debtor accepts the procedure and an agreement is reached. We can advise you on this option.

Obtaining a writ of execution: the key to enforcement

If the amicable phase fails, compulsory enforcement requires an enforceable title. This is an official document (judgment, enforceable notarial deed, order for payment, etc.) establishing a liquid and payable debt.

The main enforceable titles include court decisions (judgments, rulings, including an order for provisional interim relief), notarial deeds bearing the executory formula, titles issued by the court commissioner (unpaid cheque, agreement in the simplified procedure), conciliation minutes signed by the judge and the parties, and certain family agreements or settlements that have been made enforceable.

Our firm will initiate the appropriate legal proceedings: injunction to pay, provisional injunction for a rapid advance, or summons for proceedings on the merits before the competent court (often the commercial court in a commercial case) to have the dispute decided by both parties.

Enforcement measures: tools to force your debtor to pay

Armed with a writ of execution, the creditor can implement various measures via a court commissioner. Our expertise guides us towards the most appropriate seizures.

It is crucial to identify the debtor's assets that can be seized, while respecting legal protections (assets needed for day-to-day living, portion of wages that cannot be seized, etc.). The Code of Civil Procedure (in particular article L. 112-2) provides a framework for these aspects.

The main measures include attachment for sale of tangible movable property; attachment for payment of debts (particularly on bank accounts, with the effect of immediate allocation and the guarantee of the unattachable bank balance); attachment of remuneration (after an attempt at conciliation before the enforcement judge); attachment of real estate (legal proceedings for the sale of real estate, conducted by a lawyer before the enforcement judge); and enforcement measures in kind such as eviction or attachment. The choice of measure will depend on the case and the debtor's situation. A protective attachment may have been put in place beforehand to prevent the debtor's insolvency.

The key players in enforced debt collection

A number of professionals are involved in judicial recovery:

• The commissioner of justice (formerly a bailiff): implements enforcement measures and may call in the public police.
• The enforcement judge (JEX): a magistrate of the judicial court (sometimes the president of the court or a delegated judge), he or she has jurisdiction to settle any difficulties.
• The lawyer: advice is essential for obtaining a writ of execution and for strategy. The assistance of a commercial or civil lawyer is often essential.

Collection costs: who bears the costs?

In principle, the costs of enforcement are borne by the debtor. The costs of amicable collection without a writ of execution are borne by the creditor, with certain exceptions. Our firm will provide you with transparent information on potential fees and expenses.