When there is an overdue debt, it necessarily means that a sale has occurred. However, a sale is a contract governed by the provisions of Title III, Sub-title 1, articles 1101 and seq. of the French Civil Code. A thorough knowledge of contract law is essential to collect debts.
Therefore, there is no such thing as an effective collection policy without a thorough knowledge of Law and Positive Law. Saint Louis Recouvrement lawyers – who hold a law degree – are able to investigate cases from A to Z, to determine where necessary, which legal procedures are best suited for a given case. To do this, they must be proficient in:
- Contract law: Statutes of limitations, defects of consent, law of evidence, power of attorney, sale, general terms and conditions of sale, unfair terms, payment of receivables. Capacity, lesion, guarantees, surety, aval, mortgage, lien, joint liability, joint and several liability, etc.
- Bankruptcy law: reorganisation under the supervision of the court, liquidation, liquidators, creditors’ representative, safeguard procedure, title retention clause, official receiver, commercial court, proof of claim, Bodacc (official bulletin of civil and commercial notices), preferential rights, order, inadequacy of assets, etc.
- Procedural law: writ of summons, interim procedures, precautionary measures, order to pay, simplified procedures, application, lawyers, attachment on earnings, proceedings, appeal, Tribunal de Grande Instance, tribunal d’instance, etc.
- Corporate and commercial law: SA, SARL, EURL, non-trading real estate investment company, business, commercial lease, partnerships, associates, shareholders, trade name, inscriptions, lease management, merger, take-over, liabilities, etc.
- Enforcement law: service of documents, order, subpoena, enforcement judge, attachment , seizure for sale, attachment of bank account, pledge, attachment on harvests, objection, summons, voluntary third party’s intervention, oblique action, Paulian action, insolvency, attachment of vehicle, attachment of aircraft, etc.