Legal Collections France | Legal Debt Collection Fees France
1.1. Amicable stage
The creditor still has the chance to attempt to pick up the debt in an amicable way, before proceeding to the judicial stage. In France, there are states and no particular formalities for the disspell of a reminder to the debtor.
There are not any legal prices and the time a professional will have to spend examining the file is depended on by the prices that are professional.
It is not possible to obtain financial advice regarding physical men but individuals can gather information about companies.
The bailiffs, the lawyers and debt collection offices are entitled for debt collection.
Conservatory and mortgage attachments on for example bank accounts, rents, wages, and so forth, are not impossible for the lender so as to get guarantees for the payment.
1.2. Judicial phase
Besides the “normal” procedure, in France, there’s a simplified procedure of “injonction de payer” for contractual debts just. This is a fast and not contradictory procedure.
The debtor can choose an appeal against this determination.
The prescription period for introducing a claim in court is 5 years.
Charges and the legal costs for a procedure in national courts are based on a flat-rate amount. For instance, there is a registration cost for injunction of payment of 38,87 EUR and 99,64 EUR in case of resistance. The prices are the same fore every process, separate of the amount which has to be accumulated.
The bailiff fees have been fixed at 12% for debts until 125 EUR, at 11% for debts from 126 EUR to 610 EUR, at 4% for debts from 1525 EUR and at 10,5% for debts from 610 EUR to 1525 EUR.
In France, seizures and injunctions are possible in order to safeguard the rights of the lenders as much as possible. Though, there are 2 states to receive the authorization of the court: you will need to supply “prima facie” evidence your claim is founded and there must be a serious risk of non payment of the debt.
There’s no time-limit or time consumption for the process in the judicial stage.
The Court doesn’t accept documents in a foreign language.
The judge appreciates if he’ll grant the claimant a settlement for the professional fees (lawyers) he’s paid. There is also a possibility for the retrieval of expenses that are judicial (court fees). Interests will have to be paid at the applicable legal rate.
Fees for late payment are dependent on the general sales conditions.
The creditors in France generally demand debt collection offices and bailiffs in debt collection procedures.
There are not any formalities or conditions for a European enforcement order
The only professionals who are eligible to carry out are bailiffs.
The bailiff fees for execution are the same as mentioned up here.