Making the impossible possible
Fashion & Retail
Just because a debtor is not located in the same country as you, it shouldn't limit your chances to recover the amount you are entitled to. When a French company refused to pay a leading footwear manufacturer in the US an outstanding amount of €12.000,- it was time to hire Bierens.
The US footwear manufacturer sold shoes from multiple brands to a French e-commerce company boasting a catalogue of over 60,000 products from nearly 2,000 brands. Unfortunately, the payment did not follow after the delivery of the goods. Even a year after the due date of the invoice, the company was refusing to communicate with our client, which is why our lawyers at the French Desk stepped in.
While Bierens was initially unable to reach an amicable agreement, our lawyers at the French Desk wasted no time and decided to proceed with litigation. Given the nature and amount of the claim, the European Order of Payment (EOP) was found to be most applicable. However, the EOP is only applicable for two parties who are members of the European Union, which would have been impossible to initiate with the creditor being in the US while the debtor was in France. Our lawyers, however, discovered a loophole.
Our team of lawyers at the French Desk discovered that our US client had a subsidiary based in the EU. By having an entity located in Europe, the requirements were met to apply for EOP. Moreover, the French debtor was already known by Bierens through another client who had previously initiated a case against the company.
Initially, the debtor contested the EOP within a month. This meant that the EOP could not be enforced, as the EOP is only applicable to undisputed cases. Although the French debtor disputed the claim, the debtor was already familiar with Bierens and the various measures we have in place. The debtor knew we would not stop there and that we were willing to take further legal action.
Instead, the French debtor decided to settle the case without court intervention. Bierens agreed to the settlement and negotiated a 12-month payment plan on the full principal amount, including interest and costs. While this improved the client’s cash flow, our team at the French desk were able to successfully recover the payment.
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With our continued pressure on debtors, we do not allow your customer to get away with non-payment. As Europe's leading debt recovery specialist, debtors know we have the knowledge of local and European debt collection laws. We don't give up easily and we always try to find a solution that will guarantee you the highest chances of success. Contact us today and discover what we can do for you.