DEBT COLLECTION CABINET

A collection company mediates between suppliers and customers in the event of unpaid invoices .

It is not only a question of collecting the sums which are due , it is a question of bringing in cash quickly while preserving and streamlining the commercial relations between the creditor and his debtor.

The activity of debt collection firms like that of GCE-FRANCE CRÉANCES is an essential cog in our economic system , especially in a context where late payments are increasing .

At GCE-FRANCE CRÉANCES, we know how to listen and adapt to each situation to find an amicable solution in 80% of cases.

As soon as there is a delay in payment , even of a single day, there is a legal default.

As soon as the collection company receives a mandate from the creditor to collect the sums due, it immediately triggers a tailor-made treatment adapted to each type of debt , according to the sector of activity, the amount or the age of the invoice. unpaid.

Recovery actions follow strategies that include, among other things, written reminders, phone calls, reminder emails and SMS, home visits, etc.

In short, specialized collection companies such as GCE-FRANCE CRÉANCES operate as economic and social facilitators, capable of smoothing commercial relations, negotiating and finding amicable solutions so that their clients are paid quickly while preserving their image.

There are 2 types of debt recovery procedures: amicable recovery and judicial recovery . These are legal remedies used by the creditor to show the debtor that he is determined to recover the sums owed to him.

It is certainly possible to proceed directly to a judicial debt collection, it is however recommended to start with the amicable debt collection.

Amicable debt collection: the first resort

Amicable collection operations consist of personalized follow-up of the debtor in strict compliance with the provisions of the Code of Civil Enforcement Procedures (articles R.124-1 to R.124-7) and the Code of Ethics of the ANCR.

Interventions with debtors are made by telephone, by post (sending a formal notice) or by home visit, depending on the case.

Those of GCE-FRANCE CRÉANCES are planned, consistent, punctuated and monitored over time with the aim of obtaining rapid settlement of an unpaid invoice from your client without resorting to legal proceedings.

Judicial debt collection: the last resort

Judicial or contentious recovery consists of seizing the competent court in order to obtain the compulsory payment of your claim once all amicable reminders and attempts at negotiation have failed.

The 1st step consists in obtaining an enforceable title against your debtor client. This legal act, which must be served by bailiff, will allow you to pursue the forced execution of your claim.

There are several legal recovery procedures for unpaid debts such as the injunction to pay , the assignment to the fund or the summary provision . Each situation corresponds to an appropriate legal procedure.

Backed by its network of 300 correspondents, including lawyers and bailiffs in France and abroad, GCE-FRANCE CRÉANCES enables you to avoid unnecessary costs through its perfect mastery of litigation recovery.

When a court decision is rendered (judgment or order for payment) and it is not contested, the file is entrusted to a bailiff . The latter then sets up enforcement procedures (attribution entry, sale entry, etc.).

The costs of these procedures are borne by your debtor client , unless the latter is insolvent.

The prescription of a claim designates the duration beyond which legal action is no longer possible.

In general, limitation periods in civil and commercial matters begin to run 30 days from the date of receipt of the goods or the performance of the provision of services. This period is reduced to 20 days when the invoice concerns certain products, such as perishable products.

It also sometimes happens that the seller sets different payment terms, within the limit of 60 days after the date of issue of the invoice. In this case, the period begins to run at the end of the 60 days. Two types of requirements are to be distinguished, in commercial matters and in civil matters.

• The commercial prescription intervenes in the relations between two companies. The creditor has a period of 5 years to recover his unpaid invoice.
• Civil prescription applies in relations between a business and a particular consumer. In this case, the limitation period for debt is reduced to 2 years .

When a company files for bankruptcy, in more than 90% of cases the procedure ends with a judicial liquidation. The collective proceedings initiated thus deprive all creditors of the right to act individually against them.

To recover your unpaid debts, you then have the obligation to declare your debts to the legal representative. The reporting period for creditors domiciled in mainland France is 2 months from the publication in BODACC of the opening judgment.

If you have exceeded the legal deadline, you still have the option of asking the supervising judge to be relieved of foreclosure under certain conditions.

GCE-FRANCE CRÉANCES supports you in the management of your files concerning debtors in safeguard, receivership or judicial liquidation.

At GCE-FRANCE CRÉANCES, we offer a win-win approach. Our fees are mainly due only in the event of success in recovering your debts from your debtors and are calculated according to the amount of each unpaid debt, the country of your debtor client . In accordance with the regulations in force, these fees remain the responsibility of the creditor.