Debt collection lawyer in Nice for English-speaking clients

Contents

• Who we act for
• Step one: the formal notice
• Step two: a court order, usually within weeks
• Step three: enforcement
• Unpaid rent and service charges
• Working with us from abroad
• How long does it take?
• Frequently asked questions

Who we act for

Foreign companies with an unpaid invoice from a French customer, whether a one-off sale or a continuing supply contract. Non-resident owners of property in Nice, Cannes, Antibes or elsewhere on the Côte d’Azur, faced with unpaid rent or a tenant who will not leave. Co-owners and management companies confronted with unpaid service charges. Private individuals owed money under a loan, a sale or an acknowledgement of debt. Contractors and building firms whose works have not been paid, and property owners in dispute with a builder.

The debtor must be located in France, or hold assets there, for a French procedure to be worthwhile. Where your debtor is a French company, we check its solvency and any insolvency proceedings before advising you.

Step one: the formal notice

French law gives real weight to the formal notice, the mise en demeure. Sent by a lawyer by registered letter, it sets out the debt, the documents relied on and a deadline, and it starts statutory interest running (article 1344-1 of the Civil Code). Between businesses, late payment penalties and a fixed recovery indemnity of 40 euros per invoice are due automatically (article L. 441-10 of the Commercial Code). A notice on the letterhead of a Nice law firm, with the procedure announced in plain terms, is often enough: a significant share of files end at this stage.

Step two: a court order, usually within weeks

When the debt is not seriously disputable, for example a signed order, delivered goods, an unpaid rent under a written lease or an acknowledgement of debt, the fastest route is the référé-provision: an urgent application to the president of the court, heard within a few weeks, which grants an enforceable order for payment without waiting for a full trial (article 835 of the Code of Civil Procedure). The order is immediately enforceable.

When the debtor raises a real dispute, the claim is brought before the Commercial Court of Nice (between businesses) or the Judicial Court of Nice (where a private individual is involved) by a writ of summons, the assignation. The court hears both sides and gives a judgment on the merits. Our firm does not use the French order-for-payment procedure (injonction de payer): a simple objection by the debtor cancels it and sends the case back to a full hearing months later, so it is rarely the quickest route in practice.

Step three: enforcement

A French judgment or order is enforced by a commissaire de justice (formerly the huissier), who can freeze and seize bank accounts, attach salaries or rents, and seize movable or immovable property. Where there is a risk that the debtor will move assets before judgment, we can apply for a conservatory attachment (saisie conservatoire) on bank accounts or property at the outset, without prior notice to the debtor, provided the claim appears well founded and its recovery is at risk (article L. 511-1 of the Code of Civil Enforcement Procedures).

Unpaid rent and service charges

For landlords, French law provides a specific procedure: formal notice under the termination clause of the lease, then an application to the court for termination, eviction and payment of arrears. For co-ownership charges, the Law of 10 July 1965 lets the management company obtain, after a formal notice, the immediate payment of the whole year’s provisions and a fast-track order from the president of the court (article 19-2). We handle both, on the landlord’s or the owner’s side, and can also defend a non-resident owner who is being sued for charges he disputes.

Working with us from abroad

Everything can be done remotely: documents by e-mail, a signed engagement letter and a power of attorney where a signature is required. You do not need to travel to France for the procedure; a lawyer represents you in court. We correspond in written English by e-mail and report at each stage; calls and meetings are held in French, with an interpreter of your choice if you wish. In all cases, however, the proceedings themselves are conducted in French, as French law requires: the formal notice to the debtor, the writ, the written submissions, the hearing and the judgment are in French, and any document in another language must be translated for the court. We explain each document to you in writing and, where needed, provide a summary in English.

Before taking on a file we ask for the contract or order, the invoices or lease, proof of delivery or of the debt, any correspondence with the debtor, and the debtor’s full name and address. Fees are quoted in advance, depending on the file, once we have reviewed the documents. The firm generally acts for claims of around 2,000 euros and above; below that, a lawyer’s formal notice alone may still be worthwhile.

How long does it take?

A formal notice gives the debtor two to three weeks. A référé-provision is typically heard within four to eight weeks of the summons in Nice, and the order is enforceable at once. A case on the merits before the Commercial or Judicial Court takes longer, usually several months, depending on the debtor’s defence. Enforcement on a bank account is a matter of days once the judgment is served. Claims between businesses are time-barred after five years; a business claim against a consumer after two years, so do not wait.