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Practice 06

Debt Recovery
& Civil Litigation

Recovering an unpaid debt, settling a civil dispute and, above all, enforcing the decision obtained.

A judgment is not money

This is the sentence the office most often repeats to its creditor clients. Obtaining a judgment is one step; actually collecting the funds is another, and it is the one that is consistently underestimated.

That is why the office's approach starts from the end: before even bringing an action, it assesses the debtor's solvency. Pursuing a company with no assets for two years is a losing investment. Conversely, a solvent debtor often justifies securing the claim immediately through a protective measure, where the legal conditions are met, before they organize their insolvency.

The three possible routes

The choice is not a matter of preference: it depends on the nature of your evidence, the amount at stake and the debtor's attitude.

01 — The lawyer's formal notice

A formal letter sent by a lawyer, setting out the debt, its legal basis and the consequences of non-payment. Low cost, a few days' delay. In a significant proportion of cases, this is enough to unblock the situation or obtain a payment schedule. It is also a preliminary step that starts late-payment interest running and provides a useful document for what follows.

02 — The payment order

A fast procedure, ex parte at its first stage, reserved for debts that are certain, liquid and due and based on an instrument: an acknowledgment of debt, a bounced check or a negotiable instrument (bill of exchange, promissory note). The judge issues an order without a prior hearing. The debtor may file an opposition within 15 days of notification of the order, which then turns the case into ordinary adversarial proceedings.

03 — Proceedings on the merits

Necessary when the debt is disputed in principle or amount, when written evidence is lacking, or when liability must first be established. It is also the route to follow when the claim rests only on invoices. Longer, but it results in a final and indisputable title.

Protective attachment, under conditions

Even before obtaining a judgment, the creditor may ask the judge for a protective attachment on the debtor's assets, provided they hold a debt instrument or an accepted invoice — not every form of evidence allows it. It makes the assets unavailable without transferring them and prevents the debtor from organizing their insolvency during the proceedings: it is often what makes the difference between an enforced judgment and a useless one.

Enforcement of decisions

Once the enforceable title is obtained, the office implements enforcement measures through a judicial officer:

  • Attachment of bank accounts — the fastest when the debtor's bank is known.
  • Wage garnishment — within the legal limits of the attachable portion.
  • Seizure of movable property — vehicles, professional equipment, stock, with sale by auction.
  • Real estate seizure — a heavy procedure but effective on identified assets.
  • Third-party attachment — on sums that third parties owe your debtor.

General civil litigation

Beyond debt recovery itself, the office handles all civil disputes between individuals or between companies:

  • Contractual liability — non-performance, defective performance, delay
  • Tort liability and compensation for harm
  • Nullity, rescission and termination of contracts
  • Neighbor disputes and abnormal nuisance
  • Insurance disputes and refusals to pay out
  • Loans between individuals and acknowledgments of debt
  • Consumer disputes and hidden defects

For businesses

The office supports companies in the structured management of their receivables: review of general terms of sale, drafting of penalty and retention-of-title clauses that are genuinely enforceable, an internal reminder procedure, and handling unpaid invoices as they arise rather than all at once each year — by which time some claims are already time-barred or the debtor already liquidated.

Frequently asked questions

Debt Recovery

Three factors decide: the amount, the quality of your evidence and the debtor's solvency. The office will tell you frankly — if the ratio of cost to likelihood of recovery is unfavorable, it is better to know before incurring costs than after. A modest but well-documented claim against a solvent debtor is often a better case than a large claim against an empty shell.
This is not fatal. An invoice accepted without protest, together with delivery notes, email exchanges, bank statements showing partial payments or messages acknowledging the debt, may be enough to establish the claim in proceedings on the merits — an invoice does not, however, allow a payment order. Gather everything — including WhatsApp messages, which are regularly produced in court.
You must file your claim with the trustee within the mandatory time limit set by the Commercial Code. After this deadline, your claim is in principle extinguished as regards the proceedings, even if it is fully justified. It is one of the most common and costly mistakes. Act as soon as you learn that the proceedings have been opened.
Yes. Default interest generally runs from the formal notice, which is another reason to have it issued early and in proper form. If your contract or general terms provide for a penalty clause, it can also be claimed — subject to the judge's power to reduce it.

Debt Recovery

Every month that passes
reduces your chances

A debtor in difficulty does not improve over time. Have your claim and your debtor's solvency assessed before it is too late.

Have my claim assessed +212 661 66 22 52

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