Debt collection: understand everything about bailiff's seizures

Anne Rose de Fontainieu

7 years ago

The collection process

Non-payment of receivables, and invoices in particular, is one of the most common problems in small and medium-sized businesses. That is why it is important to understand how the collection process works. It consists mainly of two phases:

the amicable phase, which consists of sending a reminder letter and the mandatory sending of a formal notice, which is essential for the judicial phase.
the judicial phase, which allows you to obtain a writ of execution from a judge. It is this legal document that will allow you to recover your debt, even if your debtor refuses to pay.

If you win the judicial phase, the judge will order the payment of your debt and issue an injunction to pay. There are several ways to enforce the judge's decision. One way is to use a bailiff to collect the money you are owed.

Types of bailiff's seizures

Seizures for safekeeping. They allow the creditor to make the debtor's assets unavailable while waiting for a trial. This allows the creditor to ensure that the debtor will not organize his own insolvency by selling all his assets. Conservatory measures can be implemented in different ways:

Sequestration of property
Deposit of a sum of money
Appointment of a director

Please note, however, that precautionary measures do not allow you to obtain reimbursement of your debt directly, they are preventive measures.

Seizures of execution. They will allow you to obtain the payment of your debts. An execution measure may or may not follow a protective measure. It is possible to request a seizure by bailiff when your request for an order to pay has been validated by the judge. Enforcement measures can be applied via various types of seizure: