Debt collection lawyer

You are a creditor: recover your debt

Your debtor doesn't pay. Amicable reminders have failed. You don't know whether legal proceedings are justified, or which one to choose. This is exactly the moment when the involvement of a lawyer changes the situation.

Our firm handles the collection of your commercial and civil debts throughout France. We act for businesses faced with unpaid invoices, managers who need to secure their cash flow, private individuals with unpaid debts, and foreign creditors who need to enforce a title in France.

Our firm handles

Analysis of your file and assessment of the debtor's solvency
Drawing up and sending the formal notice
Choosing the most appropriate procedure depending on the amount and the dispute
Representation before the Commercial Court or the Court of First Instance
Coordination with the court commissioner for compulsory enforcement
Emergency protective measures (seizure)

Article 1344-1 of the Civil Code

«A formal notice to pay an obligation to pay a sum of money shall give rise to interest on arrears at the legal rate, without the creditor having to prove any prejudice. Acting quickly has a direct consequence: as soon as the formal notice is sent, interest accrues in your favour.

You are a debtor: contesting a debt collection procedure

You have received an order to pay, a summons for summary proceedings or a writ of seizure. You have the means to defend yourself. But you need to exercise them within the short, mandatory time limits.

Our areas of defence

Opposition to an order for payment within one month
Contesting an attachment for payment or protective attachment before the enforcement judge
Requesting payment terms and negotiating payment schedules
Checking that the enforcement order and the enforcement procedure are in order

Opposition period

Opposition to an order for payment must be lodged within one month of service. Once this period has elapsed, the order becomes a final writ of execution and the creditor can initiate compulsory enforcement.

Steps in debt collection

Debt collection follows an escalating logic. We always start with the amicable route - the least costly and often the quickest. If this fails, several legal procedures are used to obtain a writ of execution. Armed with this writ of execution, the court-appointed debt collector carries out the seizures.

The 7 stages of recovery

Formal notice

Amicable negotiation

Simplified procedure (< 5 000 €)

Payment order

Provisional injunction

Subpoena on the merits

Enforcement

La formal notice by registered letter is the starting point. The lawyer's letter starts the interest on arrears and is often the trigger that triggers payment. If the debtor responds but contests or asks for more time, we negotiate a settlement. transactional protocol which secures your debt.

For receivables of less than 5,000 euros, Under the simplified procedure, the court commissioner can issue a writ of execution without going to court, provided that the debtor agrees to the procedure.

L'order for payment is the most common non-adversarial procedure. The court issues an order by simple request, without the debtor being informed. If the debtor does not lodge an objection within one month of being served with the order, it becomes enforceable.

Le provisional injunction is necessary when the obligation is not seriously disputable. This is the quickest legal procedure in debt collection: two to four months to obtain a provisional judgment.

If the claim is contested on the merits, the’writ of summons makes the final decision in an adversarial procedure. The time taken is longer - six to eighteen months - but the decision is final.

With the enforcement order, In the event of a seizure, the court-appointed agent will carry out the seizures: attachment of bank accounts, sale of movable property and seizure of property for the largest debts.

Comparison of judicial collection procedures

	Payment order	Provisional injunction	Subpoena on the merits
Contradictory	No	Yes	Yes
Average time	1-3 months	2-4 months	6-18 months
Lawyer required	No (< €10,000)	Yes (> €10,000)	Yes (> €10,000)
Main risk	Objection by the debtor	Referral back	Duration of the procedure

Frequently asked questions

How much does a debt collection lawyer cost?

Fees depend on the amount of the claim and the procedure involved. We offer an initial analysis of your case to assess the strategy and provide you with a detailed budget before any action is taken. If you are successful, the court may order the debtor to reimburse part of your legal fees under Article 700 of the Code of Civil Procedure.

How long does it take to recover a debt?

It all depends on the procedure chosen and the attitude of the debtor. An effective formal notice can result in payment within a few weeks. An injunction to pay takes one to three months. A provisional injunction, two to four months. Proceedings on the merits take six to eighteen months.

Do I need a lawyer to recover my debt?

A lawyer is not compulsory for amounts under €10,000. But their involvement from the out-of-court phase significantly increases the recovery rate: a formal notice from a lawyer has a much greater dissuasive effect than an internal reminder or the involvement of a debt collection company.

What should I do if my debtor is in receivership?

The opening of a receivership or compulsory liquidation suspends individual lawsuits. You must declare your claim within two months. Our firm will assist you with this declaration and with monitoring the recovery plan.

My debtor is organising his insolvency. What should I do?

If you are concerned that your debtor is dissipating his assets, we can apply to the judge for authorisation to carry out an emergency protective attachment. This makes it possible to freeze bank accounts or seize assets even before obtaining a judgment.

How long is the statute of limitations for recovering a debt?

The limitation period varies according to the nature of the claim. In commercial law, the limitation period is five years. For claims between a professional and a consumer, it is two years. Once a writ of execution has been obtained, enforcement may be pursued for ten years.