Fatired of hearing pessimistic announcements about the economic situation every day?
We understand you, but unfortunately, the life of a business owner during a COVID 19 pandemic requires you to be extra vigilant and to monitor the economic and financial situation of your partners.
At LegalCity we have put at your disposal a service of Scoring and monitoring service that allows you to be immediately notified of any changes affecting them.
What happens to your outstanding receivabless and due ?
When you will be informed of an opening judgment, find out which claims existes before the judgmentand the opening of a collective procedure !
In the 2 months following the publication in the BODACC, your declaration of claim can be made by :
- You by means of a CERFA document or online.
- A bailiff, a lawyer or one of your employees to whom you have given power of attorney.
- Un Collection firm such as LegalCity to whom you have also given a mandate.
It is possible that your claim has not yet been established by a title or that its amount has not been its amount has not yet been definitively determined. In this case, it will be sufficient to declare your claim on the basis of an evaluation.
In the declaration you will have to certify the sincerity of your claim yourself, but it can also come from an enforceable title such as a judgement obtained in the framework of a legal procedure for injunction to pay for example.
Our advice on collective proceedings
If you have difficulties in paying an invoice, entrust its amicable or judicial collection to an online collection agency such as LegalCity will give you all the chances to recover your debt before the opening of the reorganization or will allow you to anticipate the latter and to secure your debt.
What should I to mention in my statement of claim?
Your declaration of claim must be carried out rigorously if you do not wish to have difficulties with the agent in charge of the execution of this file.
It must therefore:
- To show the amount of the debt due at the time of the opening judgment of the procedure, indicating in addition the amounts due and the estimated due date of the latter.
- Inform of any security to which the claim may refer
- Describe the method of calculating the outstanding interest claimed in order to confirm the amounts to be determined.;
- Provide all the elements to confirm its existence and amount if the claim is not based on a title
- Indicate the place of the competent court
The declaration must be accompanied by all the supporting documents constituting the debt due or to become due, and this point is very important because it is the only way to ensure that the claim is not lost.r it could leave room for a future difficulty for the to assert it!
Finally, it should be noted that the debtor himself can inform the representative of your claim, which will then be considered as declared.
The list of claims must be brought to the attention of different persons depending on the procedure opened:
- The Mandataire judiciaire will collect the declaration if your debtor is under a Safeguard operation or in collective procedure.
- The Liquidator will collect the declaration in case of judicial liquidation
If you wish to do this yourself, it is advisable to send this declaration by registered mail.
A delay of 2 months to gather all the information concerning the list of claims to be declared, taking into account the publication in the BODACC of the opening of the collective procedure.
Good to know: If your company is located outside of Metropolitan France, you benefit from a delay of 2 additional months which brings to 4 months to 4 months. to build up your file and make your claim.
On the other hand, if your debtor's jurisdiction is located outside of metropolitan France, you will obtain an additional additional time of 2 months.
Finally, it is possible that you have debts after the date of the opening judgment. In this case, you will have a period of 2 months starting from the first unpaid due date, whether or not it has been settled.
Beware of foreclosure of your receivables!
Your claim may be considered foreclosed if you have not filed your return within the time limit.
However, you can challenge the foreclosure with the Court if foreclosure if your failure to report is due to :
- Your own actions, including personal circumstances such as hospitalization during the reporting period, for example.xample.
- From due to the If the debtor has deliberately not declared your claim to the Agent.
He vVou may submit a request to the official receiver within 6 months following the date of publication in the BODACC to cancel the foreclosure.
When your request is granted, you will benefit from a delay of of one month from the time the notice of foreclosure is served on you.
The creditors' representative or the liquidator has the task of drawing up a statement of claims in order to establish proposals for rejection or admission.
In case of rejection, you will still have the possibility to refer to the Judge Commissioner.
In addition to being a cabinet of amicable and judicial debt collection 100% online, the lawyers of Legalcity are able to accompany you and secure your unpaid and overdue debt declarations in case of collective procedure or receivership.
Its scoring and solvency service set up in collaboration in collaboration with Credit Safe allows you to make the right decisions throughout the life of your debt and to benefit from support in the collection of your debts before it is too late!
Keep an eye on your clients, act early enough by entrusting Legalcity with the amicable collection of your unpaid debts and have Legalcity accompany you in all legal collection actions.
Your cash flow is precious and your payment deadlines cannot suffer from a lack of professionalism.
Quick, economical and efficient solutions exist and allow, while preserving the customer relationship, to better apprehend the future failures announced by economic and economic analyses.
Take this matter seriously and entrust the management of your most complex receivables to LegalCity!
FYI: the declaration will exempt you from issuing a formal notice to the debtor. It will interrupt the period of of prescription until the closure of the procedure.
The reference texts :