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How to Instruct Us
We simply require the following details:
Full name & address of the debtor
All available contact details of the debtor i.e. contact name(s) / Tel / Mobile / Email(s)
Amount owed (Invoice(s) or Statement will help)
Or ask us to call you – just leave us your details:
Case Study - EUR 14,000 recovered from French Debtor
Initiation of Case
A company in the UK near Milton Keynes makes special parts for classic cars. They owe EUR 14,000 to a French company near Lyon. The client had a 40-year relationship with the French debtor, but the business recently sold and the relationship broke down. The debtor company stopped responding to emails, letters and telephone calls.
Debt Collection Process
After several weeks of non communication with the French debtor company the client instructed us to recover their monies. We emailed the files to our local partner upon receiving the case. They immediately sent an initial letter to the debtor stating the amount owed and a deadline to pay.
Our partner entered into lengthy negotiations with debtor who was suffering serious financial problems. Our client agreed to a EUR 10,000 settlement to avoid expensive legal action, as long as they paid it right away. Our partner successfully negotiated this on behalf of the client and transferred the money the same day.
Summary
Our client was pleased with how professional we were. They were also happy with our communication and processes for recovering their money. This was the case even though there were complexities and issues involved.
France Debt Collection – No Win No Fee
Creditreform operates a global specialist International debt collections service. We have local offices and fully approved expert international debt collection agency partners in every country worldwide. Our partners and offices work on a No Win No Fee basis for international debt collection. They only charge a commission on recovered money.
Local debt recovery agencies are better than UK debt collection agencies for recovering debts. They are important for faster and more effective debt recovery.
The local International Debt collection Partners know:
The local cultures
The languages
The laws
Are in the same time zones
Herewith details of our debt collection service France:
Location of debt recovery office in France?
We have local French partners in several cities throughout France.
Number of debt collection staff?
60. Each staff member assigns a client and personalises debt collection letters to get the best response from debtors.
How long have you been operating a debt recovery service in France?
We have been operating a European debt collection service on a no win no fee basis in France for over 40 years. Our debt collection agency list includes France.
What type of debt collection services do you provide? Do you do commercial debt recovery (B2B) and consumer debt recovery (B2C)?
We handle both Business to Business debt recovery cases and Business to Consumer debt collections cases. Different templates exist for collecting debts from businesses and from consumers.
Statue of Limitation in France?
Usually, B2C is 2 years and B2B 5 years. However, there are exceptions, like B2B cases involving international transport, which is only 15 months.
France has a law that sets a time limit for when someone can sue another person in civil court. The statute of limitations in France is 5 years. If someone takes action within the time limit, they will extend the statute of limitations.
Once the specified time period ends, the plaintiff must prove exceptional circumstances to take any legal action. Other Statute of Limitations include:
France Open Account Years – 5 years
France Promissory Notes – 5 years
France Written Contracts – 5 years for B2B and 2 years for B2B claims
France Oral Agreements – 5 years
How EU (European Union) laws effect debt collection in France?
EU laws have full effect for France debt Collection.
France joined the EU in 1958, the Euro area in 1999, and the Schengen area in 1995.
How many companies registries in France for businesses (i.e. UK has just 1 central registry)?
In France, there is one company registry called INSEE (Institut National de la Statistique et des Études Économiques) located in Paris.
What is the debt collection process in France?
We do a mixture of debt recovery letters, e-mails, phone calls and amicable bailiff letter, with full respect of the GDPR law
Average length of time to collect a debt?
The average time taken to recover a France B2B debt collection case varies from case to case. 45 days for amicable – 1 year or more for legal
Can late payment fees / interest to be added to claims?
For B2C cases, we can add only interests at the legal rate in France
For B2B cases, we can add interests, indemnity of €40 per unpaid invoice, and some damages.
We can't force a debtor to pay these amounts without a court decision allowing us to officially claim them.
Details on legal service / process in France?
Payment Injunction for non disputed files
Legal action by lawyer for disputed files, special files, or for files with high amounts
Enforcement of Court’s decisions
Lodgings : for debtors in bankruptcy / winding-up
We can provide the other following services
Credit report
Solvency report on individuals
Trace on individuals
Creditreform has had a long standing relationship with our French partner for international debt Collection services in France. They are well reputed and maintain a high level of customer service and achieve an excellent success rate. Our partners need to be experts in local laws and collection procedures nationwide. We closely watch all debt collection cases and keep our clients informed about the progress of each case.
All communications are in English and we fully translate any legal or local documents from French to English. Our clients always get top-notch debt recovery service from our international partners and offices.
We handle cases on a No Win No Fee basis, which means we do not require any upfront fees. We only charge the agreed commissions against the recovered money. We will not take any legal actions or incur potential costs without the client's full consent.
France Business Credit Reports
Creditreform provides over 88 million international business credit reports throughout Europe and 200 million international business credit reports worldwide. There are circa 4,500,000 companies entered on the French register. Through our online databases you can download these French business credit reports instantly. You can do this before trading to confirm the company's ability to fulfill their commitment. You can also do this after the debt becomes overdue to verify the debtor's ability to pay what they owe.
France Skip Tracing Agents
Creditreform’s debt collection company service also uses expert local France tracing agent services to locate any absconded debtor. This debtor tracing service charges only for a successful trace on a No Find No Fee basis.
Specialist Debt Recovery Experts
Recovering international debts in different countries, like France, has specific requirements that are different from the UK. Let our global debt collection experts handle these cases, rather than relying on UK debt collectors.
Creditreform has a unique international debt collection method. They do not only use UK debt collectors like their competitors. We work with local offices and partners to increase our success rate. Our No Win No Fee service and competitive commission rates mean you receive the best service.
European Payment Order in France
There is an Order for Payment Procedure in France. In France, there is a simplified process for getting payment called the ‘procédure d’injonction de payer’. Articles 1405 to 1425 of the Code of Civil Procedure outline it.
The procedure is available for the recovery of all claims with no upper limit.
To start legal proceedings, you must go to the court in the area where the debtor lives. If the debtor lives in another country, you cannot use this procedure.
After the plaintiff applies, the debtor has one month to object after receiving the demand for payment. You must make the objection in writing.
What language should the application be made in France?
You must make all actions in the French language and in writing. Starting in 2021, people involved in legal cases can use an online referral service on the Portail du justiciable.
The French CERFA provides forms for court referrals through applications.
What Courts are used in France?
A regional court resolves conflicts between individuals or businesses when the amount at stake is more than €10,000.
The district court handles civil cases between private parties with disputes under €10,000 in value.
The local court heard civil disputes between private parties when the amount in question was less than €4,000. Local courts eliminated on July 1, 2017. District courts took over their responsibilities. Law No 2011-1862 of December 13, 2011 made this change.
The commercial court deals with disputes between traders, credit institutions, and commercial companies or transactions. The commercial court also deals with proceedings relating to firms in difficulty.
The judges of the commercial courts are not professional judges but volunteers, traders or company managers. They select them to serve for 2 years in the initial election. After that, they serve for 4 years. A group of current and former judges from commercial courts and delegates from traders make the selection.
These traders or company managers are elected every 5 years in the court's jurisdiction. Their task is to participate each year in elections of commercial court judges.
In France, there were 134 commercial courts in the main area. Additionally, there were 7 commercial courts in Alsace and Moselle. Furthermore, there were 9 mixed commercial courts in overseas territories.
The public prosecutor's office must involve itself in all cases involving companies with trading/solvency issues.
There are various other courts including:
Police Courts, Courts of Appeal and Criminal Courts.
Mediation (Alternative Dispute Resolution - ADR) in France
There is no central or government authority responsible for regulating the profession of mediator in France.
Each court of appeal (cour d’appel) publishes lists of mediators in civil, social and commercial matters. These lists were created by Article 8 of Law No 2016-1547 on November 18, 2016. Judges mainly use them, but people involved in legal cases can also use them.
The government passed Law No 95-125 on February 8, 1995. It introduced civil mediation into French law. This law organised courts and procedures for civil, criminal, and administrative cases.
Order (ordonnance) No 2011-1540 of 16 November 2011 transposed EU Directive 2008/52/EC into French law. The Directive helps parties resolve disputes peacefully with the help of a mediator.
The Order updated the Directive rules to include mediation within the same country. This applies to all disputes except those related to employment contracts or government administrative law.
This Order changed the law from 8 February 1995 to create a basic structure for mediation. The text described mediation, listed mediator requirements, and stressed the need for confidentiality in mediation.
Recent legislative developments have made it mandatory, under French law, to use mediation in certain circumstances.
France Debt Collection Partners in the following French Cities:
What is the legal system in France?
The France legal system is based on Napoleonic code (code civil of 1804).
What is the name of the Government Gazette in France?
France calls its Gazette the Journal officiel de la République française - Official Journal of the French Republic.
Which countries border France?
France is bordered on the northeast by Belgium and Luxembourg, on the east by Germany, Switzerland, and Italy, on the south by the Spain, and Andorra,
Who are the main trading partners for France?
The top trading markets for France are Germany (14.2%), Italy (8.1%), Belgium (7.7%), Spain (7.6%), USA (7.3%), United Kingdom (5.9%), China (5%), Netherlands (4.1%).
What is the Supreme Court in France?
The Supreme Courts for France are called
Constitutional Council - Conseil constitutionnel
Court of Cassation - Cour de cassation
Council of State - Conseil d'État
France Debt Collection Agency FAQs
1. How does a Debt collection agency in France recover overdue debts?
The debt collection process begins with a letter sent to the person who owes you money. This letter informs them of the amount they owe and that we are assisting with the collection process. We then follow up letters with emails and telephone calls.
We find that the most helpful part of this process is hiring a company in France to collect debts for us. This makes the debtor face the debt and stops them from hiding or making excuses.
2. How long does the debt recovery agency in France take to process a case?
We will process the debt collection case immediately upon receipt and send a letter normally by email and post. You will receive an automated confirmation by return.
3. What is the success rate for debt collection agencies in France?
Recovering debt depends on the debtor's ability to pay and any valid disagreements in the case. These factors influence the chances of recovering debt.
The creditor's ability to pay is a key factor in recovering the debt. Valid disagreements in the case can also impact the chances of recovering debt. Our aim is to recover every debt that is recoverable.
4. Does the debt recovery agency in France operate a No Win No Fee debt collection?
We take on all debt collection cases on No Win No Fee basis only charging the agreed commission against monies recovered.
5. Why use a local debt recovery agency in France?
Using a debt collection agency in France is preferable to using one from another country. This is because they speak the local language, understand the local laws, and operate in the same time zone.
6. Are there any debts too old or too small for France debt collection?
We will review all debt cases, regardless of age or size. We will recommend the best methods to recover them. We will use a debt collector in France.
7. How do I instruct the debt collectors in France?
You initiate the case by emailing details of the debt, debtor, and amount to be recovered.
8. What evidence do I need to provide when instructing the France debt collector?
When dealing with a debt collector in France, provide them with copies of invoices and statements. Also, give them the debtor's contact information. Additionally, include any other helpful details for the recovery process.
9. Who does the debtor pay?
In France, debt collectors usually request that clients send payments. If this isn't possible, they will collect the payment themselves. If we take payment, we will process and send cleared funds to the client immediately.
10. Can I instruct multiple cases?
You can send unlimited debt case instructions. Our systems will automate volume cases to meet your requirements.
11. Can you trace debtors in France?
Through our network of skip tracing agents we have an extremely high success rate of locating your absconded debtor.
12. How long does the debt collection process take?
On average the debt collections process takes 90 days to resolve an amicable debt recovery case. A number of factors can delay this process but we will keep you informed every step of the way.
13. What are my options if debt collection in France is not successful?
If the debt recovery service is not successful we will advise you of your options including legal actions. Please note no legal actions or other processes will be taken without prior instruction from you.