The litigation debt collection procedure
In business, a simple recovery should be enough to win the case and push debtors to pay off their debts within the establishment. Sometimes this solution does not work because the customer may be a bad payer. After a commercial revival, recovery by a collection company and amicable recovery by a bailiff that has not been followed up, the company can finally initiate more severe procedures by adopting judicial recovery.
What is the judicial recovery procedure?
This procedure involves entering the Commercial Court or the Tribunal de Grande Instance for individuals in order to obtain an enforceable title. The latter is a legal act that allows the company or an individual to recover a debt by carrying out an immediate and forced seizure of the debtor's assets. Of course, this approach puts more additional pressure on the debtor potentially, it is also undoubtedly more effective than a follow-up letter or a telephone conversation only as it is time-consuming and often expensive, it must always be carefully considered with caution .
The order for payment
This method of judicial recovery happens to be the simplest and the least expensive. The court judges the debtor on documents without a subpoena to appear in court. An enforceable title will force the debtor to pay his debt. For this procedure to be successful, however, the claim must be contractual. For his part, the debtor also has the possibility of opposing this decision.
The summons to the merits
This procedure is the one most used in the case of a contentious debt collection. Unlike the order for payment, the subpoena on the merits requires the appearance of both parties before the Commercial Court or the Tribunal de Grande Instance. This presence before the judge is mandatory in order to allow them to debate and exchange their arguments. This process is certainly more expensive and longer, but this procedure allows on the other hand the payment of the sum concerned plus the payment of damages.
The interim provision
The interim order is rather similar to the order for payment. The only difference is that it also requires the presence of both parties in court. Note also that the intervention of a bailiff is mandatory during the summons to appear against the debtor. The advantage of this procedure is that once proven, the claim must be paid immediately by the debtor. As the order is enforceable by provision, payment of the amount concerned is compulsory even if the debtor intends to appeal the judge's decision.
These three forms of appeal are available in the event of judicial recovery, only the execution of the decision taken by the court must necessarily go through a bailiff, regardless of the procedure chosen.
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