Recovering a debt abroad can be a long, frustrating and sometimes fruitless process. Debt recovery in France is no exception to the rule.
Far too often, creditors enter into lengthy attempts to recover their debts by themselves or using debt collecting agencies, hoping for voluntary payment by their debtors.
Even where they do seek the help of lawyers, they are often encouraged to use the English courts immediately, without sufficient thought being given to the most important step, which is actually enforcing the claim against assets in France and effectively recovering monies due.
Debt recovery involves a combination of obtaining a decision which can be enforced, and the use of enforcement measures to obtain payment.
At Judicare, we believe that successful debt recovery depends on a proper assessment of your case at the outset, followed by decisive action.
In order to assist you with recovery of a debt, we:
- examine your claim, to ensure that it is properly documented and justified and that any objections to payment can be dealt with
- take into account any issues relating to the application to the contract or other relationship of French or English law, as well as questions of jurisdiction
- advise you on whether it is more appropriate to obtain a court decision in England and then enforce the decision in France, or to bring proceedings directly in France
- assist you to obtain information about the solvency of the debtor, and assets
- advise as to whether you can seek pre-trial orders freezing assets (which are easier to obtain in France than before the English courts).
If it is necessary to enter into correspondence with the debtor, we can do so, in England or in France and can pursue settlement negotiations limited to a reasonable time.
Through our team in France, we can deal with service of proceedings, obtain measures and decisions before the French courts anywhere in France, and supervise enforcement of court decisions, whether these are decisions of the English or the French courts.
Whilst our approach is to assess the chances of successful recovery at the earliest stage, and to act quickly in order to minimise the risk of non-recovery, if a debtor does become insolvent, we can assist you in declaring your claim in the insolvency proceedings and advising you on the status of the claim.
If you would like to have an initial consultation or simply require more information on our legal services in France one of the team will be happy to take your call on a confidential basis at 01438 840258 or via email to admin@judicaregroup.com