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Debt Collection – France

1. Is a court judgment needed in your country to enforce debts? Generally Yes, except not required where the creditor has an ‘executory title’
2. On average, how much does it cost, (court fees) to issue debt collection proceedings? €75 (court & bailiff’s fees)
3. Is there a procedure for claims that are not defended? Yes. Also, if the debt does not seem to be seriously contestable there is a rapid procedure called a ‘referé’ which can be used. Otherwise normal court proceedings are in order
4. What is the average time from issue of proceedings to judgment, if not defended? 2-4 weeks
5. What is the average time from judgment to the first enforcement method by the court? Not less than 4 weeks
6. Are any special procedures required to enforce judgment? Generally No (seizures are just an option)
7. Can you recover legal costs from the Defendant (in whole or in part)? Yes, but in part only. Court costs recoverable – legal fees only if stipulated in the original contract. Also, Article 700 available for special damages at discretion of the court
8. Can assets of the Defendant be seized to enforce judgment? Yes
9. If Yes how much does this cost (eg court fees)? €380 minimum (for a simple seizure of small goods) provided that bailiffs charge proportional fees
10. Are these costs recoverable (from the assets seized)? Yes

 

 

 

 

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