1.1 A callback is often more successful than a written callback. Doesn't your callback have any effect? Then submit a formal letter of request. A letter of request may be sent by regular or licensed post.
1.2 Further suggestions: Normally a notice to a French debtor should include: a payment claim; a payment period; the debtor's obligations; a warning about the legal consequences of failing to pay.s
1.3 The payment period is usually 7 days in France; add to your reminder a summary of the claim; declare in the reminder that if the client fails to pay, the claim will be turned over for recovery at the customer's expense; the French are easily impressed by a solicitor who demands payment from them.
2.1 Our French debt recovery attorneys have extensive experience and knowledge of the laws and regulations in France. In fact, they are fully conscious of French business traditions and culture, which makes it easier for us to have your French debtor pay quickly.
3.1 Our attorneys know both French and English, so they can easily overcome the language barriers.
4.1 Our business debt recovery strategy is tailored to every single case, and we provide tailored advice to you.
5.1 We will also offer our frank guidance on the likelihood that the debt repayment will be successful. It is vital to us to put your needs first; we are endeavoring to provide you with your choices and guidance on the best route to take. It is clear to see how we are upholding our core values of honesty and justice.
6.1 The process of debt collection in France can be broken down into two stages. Selection takes place during the extrajudicial process, without the intervention of the Court. In the context of the judicial process, we require the Court to make your debtor in France pay.
6.2 Because we are a law firm, we are able to assist you in both processes. Most cases in France are decided during the extrajudicial process, without the intervention of the Court.
7.1 In theory we often continue with the extrajudicial step of the debt collection cycle. We're trying to prevent the need to go to Court during this process, as this can be costly. We must call your debtor in French to seek payment.
7.2 They have the following options at this stage: written complaint letters and telephone calls: they send a written request letter to the claimant and contact them by telephone, asking that they settle the demand within a few days, together with interest and costs; initiating legal proceedings: the French are often very impressed when a lawyer approaches them.
7.3 Announcing legal proceedings is often enough to make the French debtor pay; effect a settlement: the French Court needs you to try to settle the matter with your debtor before the lawsuit starts.
7.4 So in most situations, before contacting the Tribunal, we would try to settle with your customer; include a bailiff: a French bailiff may meet the debtor with a detailed letter of claim in which the debtor is asked to pay the invoice instantly.
7.5 In fact, the bailiff must determine why the debtor has been in default, as well as the presence of any other possible creditors; prejudgment claim: a prejudgment charge on the debtor's estate can be recorded with the Court's approval.
7.6 That means the debtor's funds will be seized as soon as the prejudgment fee arises. The claimant is no longer allowed to access his assets; these are "frozen" until a final decision is made by the Court. As it often takes the Court a long time to reach a verdict, the prejudgment fee is a good way to ensure that the claimant is not disposing of their properties.
7.7 When you levy a prejudgment claim over the estate of a trustee, you are obliged to begin formal legal action within 30 days as a creditor. Otherwise, the fee for the bias shall expire.
8.1 If your debtor refuses to pay during the extrajudicial process we can go to the Court without negotiation with you. We will always provide you with information about the possible costs in advance and we will only continue with your permission. There are a number of legal processes in France which you can start collecting your claim.
8.2 The most important steps are explained below: request for payment litigation ("Injonction de payer"): if your argument is unchallenged (that is, there is no dispute about the invoice), our lawyers in France will launch an "injonction de payer" Payment buying is a fairly cheap and quick way to get your invoices paid.
8.3 The French prosecutor will order the Court to immediately make the debtor pay. If the debtor files a complaint with the bailiff, the Summary Process ("Procédure de référé") will begin more detailed proceedings: if the debtor states that they disagree with the request, the argument is challenged.
8.4 They urge you to launch a "procédure de référé" in a contested or broader allegation where the debtor is unable to provide strong arguments. Your French counsel will present your debtor with claims in those hearings as to why they should accept the deposit. It occurs via a bailiff. If the claimant shows that they have made a mistake, even if they are unable to adequately address such claims, the Court will make a quick decision.
8.5 Without a jury the court will render a summary judgment. If the court decides that there is a substantial conflict, however, ordinary civil proceedings will be launched ("Procédure au fond"): a "procédure au fond" is required in the case of more complex cases. In such trials, holding the tempo as high as possible is necessary.
8.6 The borrower is not allowed by the French Court to attend the trial. The entire case can be handled by the prosecutor on Bounced check on behalf of the creditor: the bailiff can write an enforceable title in the event of a bounced check.
8.7 The prosecutor will automatically impose this against the debtor's European Order for Payment proceedings: in the case of an uncontested dispute between two parties residing in EU Member States (except Denmark), European Order for Payment proceedings may be initiated. In your case, the prosecutor who manages the case will decide whether this kind of action is acceptable.
8.8 The claimant typically fills out a standard form for EU Order for Payment procedures and submits this to the Tribunal. Instead, the Court issues a European Transaction Order. The debtor then has 30 days to decide whether they object to the charge.
8.9 If no response is obtained within the 30-day span, you can require the Court to finalize the payment order (called a "declaration of enforceability"). This decision is true and enforceable and is recognized in any Member State (except Denmark).
8.10 The EU Transaction Order is never appropriate for contested matters (so not in situations where there is a disagreement over the invoice). The benefit of this process is flexibility and low cost (some Member States don't even charge a court fee), but the drawback is that if it gets challenged, the case stops, and if the claimant wants to continue, a regular civil action will have to be launched.
- Contact your customer and demand why no payment has been and when exactly it will be.
Always request the payment copy sent to you.
- Are you not able to solve the problem with your customer? Send them a certified letter requesting immediate payment.
- Be conscious that with ambiguous payment terms or arguments, your French debtor may try to gain additional time.
Persevere, be direct and never postpone.
- In Finaland, a payment period of three to seven days is normal
Our French debt collection experts have comprehensive experience and perspective of French laws and policies.
Therefore they are perfectly aware of France's trading values and traditions.
Which makes it easier for your French debtor to quickly make payments.
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