Our firm assists banking organizations, investment funds and other creditors in the management of banking law issues and enforcement proceedings in order to ensure the efficient and rapid recovery of their claims, both in terms of advice and litigation.
We intervene at all stages of the debt collection procedure and represent our clients before civil and commercial courts to obtain enforceable titles or respond in defense to debtors' disputes.
We conduct an audit of your file to identify the debtor's assets and guarantees and ensure rapid debt collection. Our firm has a network of reactive solvency investigators to obtain the information necessary to adopt the best debt collection strategy. At the end of this analysis, precautionary measures can be taken on the identified assets in order to secure the full payment of claims.
In the absence of an enforceable title (judgment, notarial loan, etc.), our firm ensures the procedure before the civil and commercial courts to have the existence of your debt recognized and to obtain an enforceable title prior to the enforcement measures.
With its network of judicial commissioners, our firm ensures the rapid implementation of the enforcement measures most suited to the debtor's profile and the realization of guarantees (real estate seizure, attribution, seizure of sale, etc.). We also intervene before the enforcement judge to ensure the effectiveness of the measures and when the seizures made are contested by the debtor. The same applies to the procedure for distributing prizes following an amicable or judicial sale.
Our firm represents creditors when their liability is incurred by the debtor (obligation to provide information, breach of duty to advise or obligation to warn). We also analyze the possible recourses of creditors against third parties when they are possible.
The firm also intervenes to assist creditors whose debtor is the subject of collective proceedings (safeguard, receivership or judicial liquidation) or over-indebtedness proceedings (for individuals). In particular, we ensure the drafting of debt declarations as well as the dispute procedure that may result from them.
The firm also intervenes to assist creditors whose debtor is the subject of collective proceedings (safeguard, receivership or judicial liquidation) or over-indebtedness proceedings (for individuals). In particular, we ensure the drafting of debt declarations as well as the dispute procedure that may result from them.
The Court of Cassation recalls that a prior conciliation clause must be strictly respected before any legal action is taken. In a judgment of 12 September 2024, it considered inadmissible an application submitted without a new attempt at conciliation, even if an interim injunction procedure had already taken place.
The Court of Cassation prohibits banks from automatically closing an account in the event of judicial liquidation, reserving this decision to the liquidator.
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