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To create a company and choose the most adaptable corporate form (humanly, legally and fiscally speaking), to conclude a commercial lease, to hire staff, to protect his(her) assets whilst doing business, to recover a debt, to anticipate and solve a cash flow difficulty, to join a distribution network, these are the issues that the entrepreneur faces and which affect the good running of a company.

Mrs. Elisabeth ROUSSET, member of the Bar of Hauts-de-Seine, advises you consequently to optimize the decision-making : the scope of a commitment must be measured and the risk-taking be limited.

To protect directly company’s and entrepreneur’s assets, your lawyer assists you on any litigation.

FOCUS on Debt recovery

Payments outstanding: how to pull the trigger ?

A creditor can put a lawyer in charge of debt recovery on a amicable basis. If the attempt fails, there are two kind of proceedings to get fast a court ruling.

There is in one hard the injunction to pay: an action for recovery of claims may be brought by way of injunction to pay where the debt has a contractual origin or has resulted from an obligation of a statutory nature and is a defined amount or where the undertaking results from the acceptance or drawing up of a bill of exchange.

If, on the examination of the documents submitted, the claim appears to be well-founded in part or in full, the judge will pronounce an order bearing an injunction to pay the amount that he grants, without hearing the debtor.

In the absence of a motion to set aside the order within the month following the service of the order bearing the creditor may ask for the apposition on the order of enforcement. The order produces all the effects of a judgment after trial. If there is a motion to set aside the order, the case is pleaded as a normal case.

There is in the other hand the summary order. In all cases of urgency, the president of the High Court may order in a summary procedure all measures that do not encounter any serious challenge or which the existence of the dispute justifies.

The president may always, even where confronted with a serious challenge, order in a summary procedure such protective measures or measures to restore (the parties) to (their) previous state as required, either to avoid an imminent damage or to abate a manifestly illegal nuisance.

In cases where the existence of the obligation is not seriously challenged, he may award an interim payment to the creditor or order the mandatory performance of the obligation even where it is an obligation to do a particular thing.

Speed is an asset. However the summary order is provisional and do not bind the judge who will rule on the substance of the dispute. Consequently a summary order do not allow to convert a precautionary attachment into an execution order.

Owing to her knowledge of civil enforcement procedure, Mrs. Elisabeth ROUSSET assists the creditor until (s)he has efficiently recovered the sums due.

Finally your lawyer would highlight that prevention of payments outstanding has to be focused on (retention of title clauses, guarantee and so on).

As a company, you also can take out a subscription to legal advices to benefit a daily assistance including French contract law or French tort law and French employment law.

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