Difficulties appear very often when a borrower refuses to return a sum of money lent. From then on, various recourses are offered to the lender to get his money back, it is the collection between individuals.
For a loan of less than 1500€, the proof can be demonstrated by any available means: transfer order, photocopy of a check, correspondence demonstrating the existence of the loaned sum, testimonies of third parties, etc. The judge will be able to examine whether the elements submitted allow him to attest to the existence of the loan and therefore to proceed with debt collection.
For a loan of more than 1500€, the lender must provide proof of a written acknowledgement of debt between him and the borrower (articles 1359 and 1376 of the Civil Code).
This acknowledgement of debt can take the form of an authentic act requiring the signature of a notary. This deed is enforceable and therefore allows the lender to avoid going before a judge and to directly request a bailiff. But it can also take the form of a private deed. It is then a contract established directly between the lender and the borrower and signed by the parties. In this case, it will be necessary to take legal action to recover the sums.
The time limit to act is 5 years from the date of the loan (article 2224 of the Civil Code).
Legalcity offers you a 100% online approach for the collection of your debts, from the amicable collection procedure to the referral to the competent court.
How do you go about collecting your debt?
1/ Collection between individuals: the attempt at amicable conciliation
Legalcity systematically proposes, at first, to contact the debtor by mail, email and phone call in order to find a common ground between the two parties.
If the debtor does not respond within 8 days, Legalcity proposes to send a formal notice to the borrower by registered mail. This letter, legally motivated, is the last warning before legal proceedings.
Click here to start an amicable collection attempt
2/ Collection between private individuals: the legal procedure
If this solution does not lead to the desired result, Legalcity can accompany you in a procedure of injunction to pay to the competent court.
Depending on the nature and amount of your claim and within the jurisdiction of these courts, it is :
- the tribunal d'instance for a claim of up to 10,000 euros
- the tribunal de grande instance for claims over 10,000 euros
Click here to apply for a payment order
Going further:
Practical files by economie.gouv : https://www.economie.gouv.fr/dgccrf/Publications/Vie-pratique/Fiches-pratiques/recouvrement-creances
Your rights through the public service: https://www.service-public.fr/particuliers/vosdroits/F1746