The use of a bailiff to collect your unpaid bills
You can use a judicial officer for several reasons. The judicial officer is a Public Ministerial Officer and is part of the French judicial order. He is entitled to execute the decisions of the courts and tribunals. This status, which gives him a higher authority than that of the ordinary citizen, can already encourage the debtor to settle the debt.
The bailiff is also a lawyer. He knows all the procedures for recovering unpaid debts. He is also the only one (unlike the ordinary citizen and the collection companies) who can initiate enforcement procedures if necessary. He can intervene whatever the document justifying the debt (check, invoice, IOU, etc.).
The bailiff has the human and technical means necessary for an efficient debt collection. His fees are also lower than those of collection companies.
How can the bailiff help collect a debt?
Amicable procedure :
Amicable debt collection is a negotiation procedure during which the bailiff plays the role of conciliator between the creditor and the debtor. It allows to negotiate the immediate payment of the unpaid debt or the implementation of a repayment plan accepted by all parties involved in the case. This procedure allows for the repayment of the debt within a short period of time and at a lower cost.
If the amicable collection does not result in the immediate or staggered payment of the debt, the bailiff will initiate legal action to oblige the debtor to pay the debt. However, before obtaining a court decision, the bailiff will take precautionary action (mortgages, seizures of the debtor's property, etc.) in order to obtain the necessary guarantees for the payment of the debt. The conservatory actions produce an awareness in the debtors that leads them to pay their debt.
The purpose of judicial collection is to acquire an order to pay against the debtor. Depending on the nature of the unpaid debt and/or its amount, the writ of execution is issued either by the competent court or by the bailiff himself. The bailiff will then take care of its execution in order to reimburse the creditor.
The different steps in the collection of unpaid bills:
You have a debt and after several collection attempts, it remains unpaid. You should contact a bailiff because he has several legal procedures to restore your rights.
In general, the bailiff will propose an amicable collection. However, there are delicate cases to consider a judicial collection.
If the amicable phase fails, the bailiff will launch a legal action. The delays before the enforcement order is issued being long, the bailiff will take precautions by carrying out a conservatory action (mortgages, seizures of goods) in order to guarantee the repayment of the debt by the debtor in case of a favorable judicial decision. Finally, the execution of the judicial decision by the bailiff and consequently the reimbursement of the creditor.