DEBT RECOVERY & EVICTION

DEBT RECOVERY & EVICTION

To enforce payment against a debtor's assets (bank accounts, movable and immovable property), the creditor must hold an enforceable title recording a certain, liquid and due debt (art. L. 111-1 ff. of the French Code of Civil Enforcement Procedures). A notarised deed bearing the enforcement formula is itself an enforceable title — widely used for commercial leases and mortgage loans. Because debtors often organise their insolvency as soon as they receive a summons, the firm routinely secures the debt through protective measures before the title is obtained: protective attachment or provisional mortgage, authorised by the enforcement judge without adversarial debate, so the debtor learns of the measure only once it has been carried out. The measure is later converted into a final attachment or mortgage. For defaulting tenants, the firm conducts eviction proceedings: where the lease contains a termination clause, summary proceedings allow rapid termination enforceable notwithstanding appeal; otherwise termination is sought on the merits. We assist you from the title to recovery and eviction.

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