Debt collection in France

Does your company have to deal with a debt collection case in France because a French customer does not pay your invoice? Our French debt collection specialists and attorneys will be happy to help you. We ensure that your outstanding invoice is paid quickly.
Read here what we can do for you if you want to engage a debt collection agency in France.

Meet our French
debt collection specialists

International debt collection in France

When you do business with a French trading partner, you are confronted with business practices, customs, as well as rules and regulations that are very different from the ones you are used to. In addition, you also must deal with a different language. This makes debt recovery in France often complicated and time-consuming for you. Save your time and money by calling in one of our French specialists. They have the means to make your debtor pay.

What are the benefits of collecting debts in France with Bierens?

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Debt recovery in France

Like many southern European countries, France is one of the worse payers in Europe. More than half of French companies do not pay their invoices on time. The chance that you will end up with an outstanding invoice is therefore very high when doing business in France.
Collecting an outstanding invoice is also very difficult when your French debtor is an SME. Information about these companies is often less accessible. Especially when your debtor does not respond to your letters, e-mails or phone calls, it can be very difficult to get in touch with your debtor.
French companies are often very impressed by a attorney. Contacting our attorneys can ensure that your debtor will pay. Therefore, do not wait too long with your outstanding invoice; the sooner you call us, the sooner you will have your money.

French speaking attorneys: Meet our debt collection experts

The best way to collect your invoice in France is by contacting one of our French lawyers or collection specialists. By doing that, you will not have to worry about anything, or even travel to France our debt collection specialists will take care of everything.

They have extensive knowledge and experience with laws and regulations in France and speak French fluently. Therefore, they will be able to make your French debtor pay quickly.

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Debt collection procedure in France

There are two phases that may be applicable for your debt collection process in France. In the extrajudicial phase, the debt is collected without the intervention of a judge. In the judicial phase, a judge intervenes to make your French customer pay. It is also possible to seize your debtor’s assets as a means of pressure. Since we are a law firm, we can assist you during both processes.

Extrajudicial phase in France

Our debt collection procedure always starts with the amicable (extrajudicial) phase. During this phase, we try to avoid the intervention of a judge. To do so, we will personally contact your French debtor to ensure that your invoice is paid. During the extrajudicial phase in France, several options are possible:
Step 1

Written demand letters and phone calls

We send the debtor a written demand letter and contact them by telephone, requesting that they pay your claim within a few days, together with interest and costs.
Submit your case before 4:00 P.M. and we will act today!
Step 2

Effect a settlement

The French Court requires that you try to settle the matter with your debtor, before starting legal proceedings. So in most matters, we will try to settle settle with your customer prior to going to Court.

Involving a bailiff

A French bailiff will visit your debtor with a comprehensive demand letter in which the debtor is requested to pay your invoice immediately. In addition, the bailiff will investigate why the debtor has remained in default, as well as the existence of any potential other creditors.

Prejudgment charge

It is possible to register a prejudgment charge on the debtor’s assets with permission of the Court. This means that the debtor’s assets are frozen the moment the prejudgment charge takes place. The debtor can no longer access his assets; these are “frozen” until the Court makes a final decision.
Step 3

Announcing legal proceedings

The French are often very impressed when contacted by a attorney. Announcing legal proceedings is often sufficient to make the French debtor pay.
What if the debtor refuses to pay during the amicable phase?
If your debtor refuses to pay during the extrajudicial phase, we can, in consultation with you, start legal proceedings. Of course, we will always let you know in advance what the possible costs are and will only get started after having received your permission.
Step 4

Judicial debt collection

Do you want to start a judicial debt collection procedure against your French debtor? Then the first thing to know is: in which country should you litigate? In your own country or France? The answer will depend on the competent judge.
In your general terms and conditions, you can make agreements about the competent court in the event of a (payment) conflict. The clause in which this is stated is called the choice of forum.
Did you not make any agreement or are they not applicable? Then the main rule is that the court in the country of the defendant has jurisdiction. Which is, in this case, the French court. You must then go to France to follow legal proceedings there.
 

Contingency-based debt collection agency in the United States

During the extrajudicial phase, we work based on a contingency fee. That means our fee is directly proportional to the amount we recover. We also aim to recover the interest and collection costs from your debtor as much as possible in order to maximize your profits.

In the highly unlikely event that we do not collect anything, you will not have to pay us any fees. You can find a full overview of our fees on our fees page.

Debt collection laws in France

When taking legal action against a debtor located in France, there are several French collection laws that we can rely on. The best collection procedure to use will differ depending on the situation. Of course, our attorneys will always look for the best option for you and your collection case.

You do not have to be present at these procedures. A French attorney can carry out these legal proceedings for you without you having to go to France.

Order for payment proceedings (“Injonction de payer”)

If your claim is undisputed (that is to say, there is no disagreement about the invoice), our attorneys in France can commence an “injonction de payer”. The order for payment proceedings is a relatively cheap and fast way to get your invoices paid. The French lawyer will request that the Court makes the debtor pay immediately.

If the debtor registers an objection with the bailiff, then more extensive proceedings will be started.

Summary proceedings (“Procédure de référé”)

If the debtor indicates that they disagree with the invoice, the claim is disputed. In a disputed or larger claim, where the debtor cannot provide strong arguments, we advise commencing a “procédure de référé”.

In these proceedings, your French attorney will present your debtor with arguments as to why they should make the payment. This takes place through a bailiff.

If the debtor indicates that they have made a mistake or if they are unable to counter these arguments properly, the Court will be able to make a quick decision.

Ordinary civil proceedings (“Procédure au fond”)

In case of more complex matters, a “procédure au fond” is required. In such proceedings, it is important to keep the pace as high as possible. The creditor is not required to attend the hearing at the French Court. The entire proceedings can be conducted by the attorney on the creditor’s behalf.

 

International debt collection has never been easier with Bierens Collection Attorneys. We overcome any language, cultural and legislative barriers because we approach your debtor in their native language with our in-house specialists.

The best part is that we solve 95% of our cases without court intervention on a contingency fee basis. If your debtor fails to pay during this phase, then our efforts don’t stop just there. Our attorneys have the experience of local and international debt collection laws, which allows us to litigate on your behalf if necessary.

With Bierens by your side, no debtor can hide from us. You will not have to write off your debts or waste your time and money on a never-ending case. Find out what we can do for you below or contact us today for immediate action.

International collection laws

In addition to French collection laws, there are also a few European measures that can be used if your French customer refuses to pay.
It is important for the European Union that trade between European countries is stimulated. Therefore, complicated procedures are unwanted. That is why, in addition to the normal procedures, two alternative procedures can be used for foreign claims between two EU countries
 
European 1

Litigation in your own country

Have you agreed in the general terms and conditions that the court in your country is competent? Then legal proceedings can be started in our country. Depending on your specific situation, our lawyers will look at what is most beneficial for your company.

If we are going to litigate in your country against your French debtor, we can start ordinary civil proceedings. Both parties will be heard, after which the court will make a judgment.

Limitation period in France

Once the limitation period has been exceeded, an outstanding invoice expires. It is no longer possible to enforce its payment through the court. It is therefore important to keep a close eye on this limitation period.

For business claims in France, the general limitation period is 5 years. This period starts as soon as the claim becomes due. This corresponds to the due date of the invoice. If the payment period of an invoice is 30 days, the limitation period of 5 years starts after those 30 days have passed.

Read more about limtation period in France

Start your debt collection in France today!

Start your debt collection case in France today! While our French Desk get started on your case, you can resume your regular business operations. Upload your case for immediate action or contact our experts today.

If you prefer to speak directly with a debt collection specialist, feel free to contact us by phone at +1 929-202-4352.

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Find out how we have helped other clients with international collections including debt collection in France

From simple debt collection cases to complex legal matters, from small businesses to multinationals across different industries, our specialists have assisted over 24.000 companies worldwide, including France. Find out how our international specialists and lawyers have helped other companies in a similar situation and find the solution for debt collection in France.

Frequently asked questions about debt recovery in France

How does debt collection work in France?

Debt collection in France always starts in the extrajudicial phase where we send your debtor customized demand letters and contact them by phone. If your debtor disputes the claim or fails to respond, then we can proceed by taking legal action in consultation with you.

How will you recover my debt in France?

We will always contact your debtor by sending an initial demand letter, which we also follow up with a phone call. That way we avoid any form of miscommunication. Our approach is always firm and respectful, and you will always be informed of the status of your case.

What are the costs for debt collection in France?

We handle all out-of-court cases on a contingency fee basis, also for debt collection in France. We aim to recover the principal amount including interest and costs from your debtor. If we do not collect, then you pay no fee. If you decide to take legal action against your debtor, then we move to an hourly or fixed fee. We do not have any hidden costs and will always consult you before proceeding with any kind of legal action.

How long does an average debt collection procedure in France?

This depends on each situation and debtor. We always start in the amicable debt collection phase. This process takes a relatively short time because we provide your debtor with limited time to complete the payment. When starting your case, your case worker will provide an estimate of the duration of your case. Should your debtor fail to respond, then our specialists and attorneys can provide you with an expected outcome or course of action within 4 weeks. If legal proceedings are necessary, the debt collection process takes longer. The duration depends on the legal proceedings and on whether the debtor raises a defence.

What chances do I have for successful debt recovery in France?

The chance for a successful recovery depends on the nature of your debt collection case. We solve 95% of all cases on a contingency basis. Our specialists and attorneys always do their utmost to ensure to collect your claim as fast and efficiently as possible. We always make sure to give you honest and practical advice that will deliver you the best results.

When is a debt collection case taken to court?

Our preference is to collect your claim without court intervention. Therefore, we always start a collection in the amicable phase. If this has no effect, then we will discuss your judicial options with you. We will never intiate court proceedings without your explicit consent.

How much does it cost to go to court?

The court fees depend on the value of the claim and the country in which litigation takes place. In some cases, the amount is fixed, but it may also depend on litigation procedure.

How long do legal proceedings take in France?

The duration of legal proceedings in France depends on the complexity of your case and ON whether your debtor raises a defence.

How long before a debt is written off in France?

Payment claims in France have a limitation period that differs compared to other countries. There are, however, several ways to interrupt this limitation period. For more information, it is best to contact our specialists.