Currently browsing: Procedure

La réforme de l’injonction de payer

réforme injonction de payer

Par décret publié au journal officiel le 13 octobre 2021, la procédure d’injonction de payer a été modifiée. Etant précisé que la mise en place de cette réforme de l’injonction de payer prendra effet au plus tard le 1er mars 2022. Parmi les modification induites par cette réforme, notons que certaines sont de pure forme, d’autres plus profondes. Les modification de pure forme : Lors du dépôt de la requête, il conviendra désormais de lister les pièces sur lesquelles la demande est fondée dans un bordereau de pièces. Cela ne change pas grandement la pratique, car nous avions déjà l’habitude […]

Read more

La saisie revendication

saisie appréhension

Grande sœur de la saisie appréhension, la saisie revendication est une mesure conservatoire permettant  à toute personne, avec ou sans titre exécutoire, de rendre indisponible un bien dont il est apparemment fondé à réclamer sa délivrance ou sa restitution. Sa définition textuelle  est donnée par l’article L222-2 du code des procédures civiles d’exécution : “Toute personne apparemment fondée à requérir la délivrance ou la restitution d’un bien meuble corporel peut, en attendant sa remise, le rendre indisponible au moyen d’une saisie-revendication.” Conditions de mise en œuvre Cette procédure a vocation à s’appliquer aux seuls biens meubles corporels. Par ailleurs, le […]

Read more

La saisie appréhension

saisie appréhension

 Qu’est-ce qu’une saisie appréhension ? L’article L.222-1 du Code des procédures civiles d’exécution prévoit la procédure de saisie appréhension. La loi de 1991 portant réforme des procédures civiles d’exécution a créé cette procédure. Cette procédure, effectuée par un huissier de Justice, permet au créancier de récupérer un bien meuble lui appartenant, mais qui se trouve entre les mains d’une autre personne, qu’il s’agisse par exemple d’un véhicule, d’un tableau, de bijoux, mais encore de machines, etc.). La saisie appréhension : dans quels cas ? Deux occasions permettre d’engager la saisie appréhension : Le premier cas se présente lorsque le débiteur n’assure pas […]

Read more

Cashup: the new amicable collection platform

Unpaid bills threaten your business. This is obvious. However, the measures available to you are not easy to access, and it seems premature to incur costs to recover sums due to you. With this in mind, we decided to launch Cashup. Cashup is an amicable collection platform, accessible on mobile, tablet and computer, which allows you to entrust the collection of your unpaid debts to our office free of charge, for an amicable approach. Gone are the days when you had to make an appointment with a bailiff to hand over your file. With Cashup, [...]

Read more

European precautionary attachment of bank accounts

Un créancier détenteur d’une créance transfrontière mais ne possédant pas de titre à l’égard d’un même débiteur peut se trouver en difficulté pour recouvrer sa créance. La procédure de saisie européenne conservatoire bancaire est une procédure non contradictoire alternative aux saisies conservatoires nationales. En l’absence de titre, le créancier doit ouvrir une procédure au fond pour obtenir un titre, sans quoi la procédure européenne de saisie conservatoire pour geler les avoirs du débiteur ne pourra pas aboutir. Le débiteur n’est pas informé de la demande d’ordonnance de saisie conservatoire ni entendu avant la délivrance de l’ordonnance de saisie. L’objectif est que le débiteur soit […]

Read more

State of health emergency: consequences on commercial leases - covid rent

covid rent

Faced with the worsening spread of the Covid-19 epidemic, a new state of public health emergency was declared as of 17 October 2020. A law published in the Official Gazette on 15 November 2020 authorised its extension until 16 February 2021 inclusive. This measure follows on from the first state of emergency that had been established throughout the national territory on 24 March 2020 with the publication of the Emergency Act of 23 March 2020 to deal with the Covid-19 epidemic. It was extended until 10 July 2020 by the Act of 11 May 2020. This time, it is the law [...]

Read more

Seizure of vines

vine seizure

Our office has jurisdiction over the vineyards of Chablis, as it is under the jurisdiction of the Paris Court of Appeal. Indeed, our offices are certainly competent on the whole Paris region (Paris, inner and outer suburbs) but also on the departments of Eure et Loir (28) and Yonne (89). This is an opportunity to question the seizure of vines. In reality, the seizure of vineyards can have two facets. It can be a seizure of agricultural land, but also a seizure of the harvest. The seizure of vines as a seizure of standing crops: Before studying this seizure, [...]

Read more

Safe deposit box seizure

safe-deposit box attachment

If the debtor wants to protect his valuable effects in a safe deposit box, he may be confronted with a seizure of the safe deposit box. Of course, when we talk about a seizure of a safe deposit box, we are actually talking about the seizure of the assets in the safe deposit box. There are actually two separate procedures depending on the nature of the safe deposit box. The first is the seizure of the safe of an individual or a company kept at home or in the office, while the second is the seizure of property placed in a safe held within a banking institution. The property contained [...].

Read more

Seizure of shares in SCIs

attachment of shares in SCIs

Sometimes, proceedings against a natural person are made difficult by the lack of sufficient movable surface area to recover its claim, other times because of a more or less voluntary organization of an insolvency. Thus, in particular, a number of debtors organise their assets through companies and their real estate assets through SCIs. And yet, shares in SCIs can be seized and sold at auction, which, when one knows how to use this subtle tool of the seizure of shares in SCIs, very frequently makes it possible to obtain efficient recovery. Our study, which specialises in the implementation of the [...]

Read more

Death of the tenant: what to do?

tenant's death

If you are the owner of a rental unit, it is possible that one day a tenant may die during the course of the lease. In this case, what should you do? How to react to the death of a tenant? The rules differ according to the nature of the lease (furnished or unfurnished), and according to the existence or not of a surviving co-occupant and heirs. We will see successively the case of the death of a tenant holding an empty lease (law of 1989) by distinguishing the case where the tenant lived alone from the case where he did not live alone. We will then look at the case of furnished rentals, which [...].

Read more

Bitcoin entry: is it possible to enter crypto-currencies?

Seizure of Bitcoins

More and more individuals, and even companies, are holding bitcoin and the question of the possible seizure of bitcoin is being raised. With their high volatility, crypto-currencies (we will speak here of bitcoins because it is the first active crypto, the best known and most widespread, but the following developments are applicable to the majority of crypto-currencies, whether it is Dash, Etherum, Litecoin, etc.), have attracted the French and today a study states that 6.7% of the French would hold them. This is one of the reasons why our study is the first study to accept the [...].

Read more

Vessel seizure

vessel sequestration

Our firm specialises in French and international proceedings, and has recognised expertise in proceedings that are out of the ordinary, whether they involve the seizure of exceptional intangible personal property (seizure of taxi licences, seizure of a licence for a public house, or seizure of trademarks or domain names...) or exceptional tangible personal property (seizure of aircraft or helicopters, seizure of barges or boats). We are regularly called upon to assist our creditor clients throughout Europe to carry out or have carried out the seizure of vessels, whether they fly the French or foreign flag. This is an opportunity [...]

Read more

Domain name registration: myth or reality?

domain name registration

A domain name can have a certain heritage value, and some cybersquatters have understood this, by buying domain names at low prices with the sole purpose of reselling them, either to a trademark holder who has not yet registered his domain name, or to anyone who may be interested in it. This is the "first come, first served" rule. Consequently, and insofar as Article 2284 of the Civil Code provides that "Whoever has committed himself personally, is bound to fulfill his commitment on all his movable and immovable property, present and future", we are entitled to [...].

Read more

VACATION RENTAL SCAMS

  THE ADVICE OF OUR STUDY TO PLAY ARNAQUES AT SEASONAL RENTALS ALERT ARNAQUES SEASONAL RENTALS !!! As the summer season approaches, it seems important to us to give some practical advice to future holidaymakers looking for a house or apartment to rent for the holidays. Main objective: to protect them from possible risks of scams on the Internet. It is now very easy to rent a house or an apartment for summer holidays directly on a website. Faced with the increasing risks of scams flourishing on the net, the National Chamber of Judicial Officers recommends to adopt the good reflexes to avoid [...]

Read more

Squat: what to do?

squat what to do

The case of this young man from Toulouse, whose house was squatted while he was confined to his parents' home, was covered by the media and made most people aware that the law, by dint of wanting, rightly so, to protect the weakest, can create absurd and dramatic situations. In case of squatting: what to do? As a reminder, on March 31, 2020, the newspaper La Dépêche reported the misadventure of this young boy, a student in Toulouse. He had gone to his parents' home in the Hautes-Pyrénées before the confinement and soon realized that an intruder was occupying his home in [...].

Read more

Electronic service of judicial officers' documents

Electronic Significance

Bailiffs are not (anymore?) the dusty characters described in popular imagery. On the contrary, they are, for the most part, at the cutting edge of modernity. Electronic service of documents, an essential tool for judicial officers living in the 21st century, is one of the tools they use on a daily basis. The episode of confinement at the beginning of the year 2020 made it possible to justify the interest for this mode of service. Electronic service: what the law says Decree 2012-366 of 15 March 2012 paved the way for electronic service, in accordance with the provisions of the [...].

Read more

Divorce reform: the consequences in international law

divorce reform

From 1 September 2020, and in accordance with Decree 2019-1380 of 17 December 2019, the divorce reform will come into force. Among the major changes are the abolition of the petition and the non conciliation order. Indeed, the procedure will begin with the divorce summons, which is not without consequence in the case of international divorce. In domestic law, the writ of summons marks the beginning of the procedure, as recalled in the introduction. However, this is not the case in international matters. Indeed, it is the filing of the petition that brings the matter before the court. But what happens if the two [...]

Read more

Exempt property

Unseizable property

While article 2284 of the Civil Code provides that "Anyone who has committed himself personally shall be bound to fulfil his commitment on all his movable and immovable property, present and future", the law has provided for exceptions to this general principle, listing exhaustively the cases of unseizability. A brief overview of unseizable property. Among the assets that are exempt from seizure are both movable and immovable property, tangible and intangible property. Tangible movable property that is exempt from seizure: Most of it is listed in article R112-2 of the Code of Civil Procedure for Execution.

Read more

Recovery of unpaid debts: think Bailiff

outstanding recovery

COLLECTION OF IMPAYMENTS: THE OCCUPATIONAL BARRIER FOR THE AMICABLE PHASE The judicial officer is the only professional authorised to offer you an integrated chain for the collection of unpaid debts, from amicable to legal. He knows the different profiles of debtors: we offer you the most appropriate solution, using the most effective means and we organise all the stages of collection in agreement with you, from the amicable to the legal phase . Judicial officers collect eight billion euros annually: What better proof are you waiting for to entrust your debts to us? A recent INSEE report points out the increase in the number of debt collection [...]

Read more

PACS rupture

breach of contract

The break-up of Pacs can occur in different ways: - automatically: by the marriage of one or more partners or by the death of one of the partners. - voluntarily: by a joint request of the partners, or by a unilateral decision. It is obviously the latter solution that poses the most problems. The automatic termination of PACS: In the event of the death of one of the PACS partners, the latter is dissolved on the date of the said death. The civil registrar responsible for recording the death on the birth certificate of the deceased partner will note the existence of a PACS, and will warn [...].

Read more

European Enforcement Order: all you need to know

The European Enforcement Order was created by Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims and entered into force on 21 October 2005. What is the European Enforcement Order? The European Enforcement Order (EEO) enables individuals and companies in the European Union (with the notable exception of Denmark) to enforce a civil or commercial court decision throughout the European Union, irrespective of their nationality. The EEO is a court decision, court settlement or authentic instrument relating to [...].

Read more

Seizure of aircraft

aircraft seizure

One of the most spectacular enforcement actions is the seizure of aircraft. Difficult to establish the inherently volatile nature of the property to be seized, this seizure of aircraft is extremely useful. Our study is your privileged ally in the seizure of aircraft: Thanks to its perfect mastery of the subject, our study can carry out seizures at Paris le Bourget airport (93), as well as at Roissy Charles de Gaulle (93), Orly (94), Issy les Moulineaux heliport and the airfields of Bailleau Armenonville (28), Vernouillet (28), Chavenay Villepreux (78), Les Mureaux-Verneuil (78), Saint-Hubert (78), Saint-Hubert (78) and Paris (78).

Read more

Seizure of licence IV: the bailiff's procedure

license attachment IV

As an essential tool for the operation of a public house, the IV licence is sometimes the only valuable asset of an establishment, apart from the goodwill. Indeed, by dint of leasing, the provision of coffee machines or beer pumps by, respectively, the coffee supplier or the brewer, creditors are sometimes deprived when their debtor is a public house... unless they use the seizure of licence IV. Our bailiffs' office in Nanterre La Défense has, as always, an amicable approach for this type of debtor by seeking to [...].

Read more

Prosecution of partners in a civil partnership

When a creditor's debtor is a civil partnership (SCI, SCP, SCCV, etc...) he has, contrary to what happens with a limited liability company for example, the possibility to turn directly against the partners of the civil partnership. Indeed, while the partner of an SA or a SARL is protected by the partnership, the partner of a SCI, a SCP, a SCCV, etc. is liable on his own property for the debts of the civil partnership. Thus, the creditor of a defaulting civil partnership can seek settlement of his debt from the partners. Under what conditions? However, each partner is only liable [...].

Read more

Non-refund of deposit

Non-reimbursement of the security deposit, usually and improperly called a "caution", is a frequent cause of dispute between the lessor and the tenant, sometimes each in good faith. The rule is that the tenant must take care of the dwelling and maintain it, at least as far as maintenance and rental repairs are concerned. If it turns out that the tenant has failed in this obligation, the landlord may then deduct from the security deposit the costs actually incurred to carry out the said repairs. It will be up to the landlord to justify, on the one hand, the deterioration of his property caused by the tenant, [...].

Read more

The takeover by the lessor of the dwelling abandoned by the tenant

Abandoned dwelling

A procedure that has been considerably relaxed by the legislator is the takeover by the lessor of a dwelling abandoned by its tenant without prior notice. It is indeed not uncommon to see tenants, often after a period of non-payment of rent, leaving their homes without warning and abandoning the premises. The procedure to take back the abandoned dwelling is done by the intervention of a bailiff and has been accelerated since 1 June 2012. Indeed, whereas it was until then necessary to summon in eviction, the law of July 6, 1989 was [...].

Read more

The bailiff and intellectual protection

Intellectual property: How can the judicial officer help you to protect your works and creations? Bailiffs are your natural allies in the protection of your works and creations, both upstream (when the bailiff gives a certain date to your creations) and after counterfeiting of your creations. We will deal with this second point in another article. Intellectual protection: protecting your creations by giving them a certain date. Since the law of December 22, 2010 (known as the Béteille Law), the Official Statements of Finding drawn up by judicial officers have a date certain date.

Read more

Abandoned car at the garage: what to do?

abandoned car

Garage owners are faced with a real scourge: the abandonment of vehicles, before or after repair, by their customers. Whether it is a question of customers who do not follow up after a quote, or customers who have the repair work done but do not come to collect their vehicle, probably because of a lack of funds or sometimes because of disinterest. What to do if the car is abandoned at the garage? What to do when a car is abandoned at the garage? The aim is twofold: to free up space at the garage and to allow the garage to be paid for its work.

Read more

The Internet report, or reports on the Internet

The internet statement: "idem est non esse aut non probari", rights are as if they do not exist if they cannot be proven. This adage is by no means dusty and the bailiff, a man of proof, has recently seen the probative force of his findings reinforced by the legislator. Modern in the tradition, the judicial officer has perfectly adapted to the Internet era to bring in this matter the proof of material facts taking place there. To make a request for an online statement of facts I) Recourse to the judicial officer, within the framework of disputes related to the Internet, is part of [...].

Read more

competition games: why still deposit them at a bailiff's office?

COMPETITION GAMES: Article L121-38 of the Consumer Code, which provided for the obligation to deposit with a Ministerial Officer (bailiff) the rules of the game has been repealed by article 54 of the law of 21 December 2014. This repeal, which went relatively unnoticed, can be explained in terms of Community law. Indeed, by decision of 10 July 2014, the Court of Justice of the European Communities ruled that any national legislation governing commercial practices not included in the annex to the said Convention is contrary to Directive 2005/25/EC of 11 May 2005. However, the aforementioned European Directive makes no reference whatsoever to [...].

Read more

Unpaid alimony? Our solutions

Unpaid alimony, a plague. In France, nearly 40% of alimony payments are made irregularly, out of ill will or because of financial difficulties of the former spouse. This alarming phenomenon mainly affects women, most of whom are heads of single-parent families. On 1 June last, the judicial officers, partners of the K d'Urgence Foundation, intervened during the Special Single Parent Day. A propitious occasion to recall our know-how. As a specialist in cases of non-payment, our study is able to detect the profile and behaviour of a debtor and quickly assess his level of solvency and the chances of recovery. We are perfectly qualified to help you [...]

Read more

Winter break: homeowners, what can you do?

winter break

On 1 November, evictions stop for five months. Tenants get a break, but during this time landlords often find themselves at a loss during the winter break. Here we answer their questions. My tenant is not paying my rent this winter: what can I do? (Mireille D. Paris 17) The winter truce only concerns the eviction itself, i.e. the actual removal of an occupant from the accommodation. If your tenant does not pay his rent this winter, you are not at a loss. On the contrary, we will be able to start the eviction procedure, which will be carried out by a court.

Read more

The fate of the lease in the event of separation of the tenants

A lessor generally tends to favour a couple or family when renting. The guarantee of a more stable life and often two salaries are elements that can reassure the landlord in search of "a good tenant". But what about the fate of the lease in case of separation of the tenants? Even if the number of divorces has been falling in recent years, statistics prove that a couple unfortunately has a great chance of separating in this day and age, since 334 divorces are pronounced every day in France. Contrary to what one might think, rights are not [...].

Read more

How to become a bailiff: what books are required to pass the pro exam?

devenir huissier : quels ouvrages

Une fois n’est pas coutume, nous allons parler de l’examen professionnel d’huissier de Justice et des ouvrages pour réussir l’examen pro. Si vous êtes sur le point de passer l’examen professionnel d’huissier de Justice (l’examen “pro”) comme on dit, il est des ouvrages indispensables à avoir lus. Les codes Impossible de ne pas avoir des codes à jour. En effet, il est tout à fait possible d’être interrogé sur un point précis qui a précisément fait l’objet d’une réforme. Seul un code à jour peut vous éviter de tomber dans le piège… Alors… Dalloz, ou Lexis Nexis : lequel choisir […]

Read more

New bank and seizure by bailiff

After the traditional banks, online banks such as ING or Boursorama for example have appeared. These institutions are now competing with FinTech, the so-called neo banks. We also call them 3.0 banks. Among the many advantages of these neo banks (not all of which are financial institutions) are free accounts, free Visa or Mastercard payment cards, the possibility of immediate transfers, immediate exchange at no cost or the possibility of using monetary currencies and crypto currencies on the same account... But these institutions offer [...].

Read more

Safe deposit box seizure

When we talk about the seizure of a safe deposit box, we mean "seizure of goods placed in a safe deposit box". Indeed, it is the valuables, effects or objects that are in a safe deposit box, which may offer a creditor an opportunity to recover his claim. In common parlance, two types of safes may coexist: the safe held at a home, or the open safe at a banking establishment. As far as the first type of safe deposit box is concerned (the one kept at home, at the office, etc.) the procedure is hardly original. Indeed a simple seizure for sale [...].

Read more

Violence against women: bailiffs take action

Our study is associated with the initiative of the association of women bailiffs. The initiative aims to give women who are victims of violence by their spouses legal support. Indeed, and contrary to prejudices, bailiffs are in a position to help them in their steps and that is why the association of Women Bailiffs launched the operation 5,000 free acts per year with well-targeted and specific missions. - Retranscription of SMS and emails (word for word) with the drafting of reports - Reports of violence or degradation of the marital home - Recovery of alimony - [...]

Read more

Boat seizure

vessel sequestration

Our firm is specialised, via its enforcement department, in seizures that are out of the ordinary: in addition to seizures of intangible rights, such as trademark seizures, seizures of taxi licences or even licence IV, we manage, prepare and organise for our clients and correspondents seizures of aeroplanes or helicopters (known as aircraft seizures) but also ship seizures and boat seizures, all over France, thanks to our network of associates. Our location, close to the ports of Arsenal (Paris), Gennevilliers, Van Gogh port [...]

Read more

Precautionary seizure of aircraft

Preventive seizure of aircraft

We have seen in a previous article the interest that a seizure of aircraft may have when the creditor is the beneficiary of an enforceable title (judgment, etc.). However, the seizure of an aircraft, a helicopter, or even an ultralight... in short, the precautionary seizure of aircraft is a little-known and extremely effective procedure. Small point on the procedure of precautionary seizure of aircraft. Our firm specialises in technical procedures, such as seizures of trademarks, seizures of liquor licences, seizures of taxi licences, seizures of shares... but also seizures of aircraft. We can carry out any seizure within our jurisdiction....

Read more

Expulsion of Travellers: when they take over your land

Act No. 2000-614 of 5 July 2000 on the reception and housing of Travellers provides that the communes shall participate in the reception of Travellers, and that the départements shall provide for a departmental reception scheme, in which all communes with more than 5,000 inhabitants shall participate. However, in the absence of a solution, it is not uncommon for Traveller communities to illegally occupy a piece of land, whether public or private. In this case, it is better to have what to do to quickly arrive at the expulsion of Travellers. We tell you what to do when you realize that they are taking over your land. The first [...]

Read more

What should I do if my creditor refuses a payment?

More often than you might think, individuals or companies are confronted with this difficulty: the creditor refuses a payment in order to make his debtor pay. We can perfectly imagine the case of a landlord who refuses to collect the rent from his tenant, the maintenance creditor who refrains from collecting the maintenance payment, etc... with the sole aim of harming him. Faced with this difficulty, and to prove his good faith, the procedure of real offers and consignment, which was revised in 2016 (reform of the law of obligations), is the solution. We explain that [...].

Read more

the protected elderly tenant

The elderly tenant, protected by the law of July 6, 1989, has had his plan modified time and time again. This protection has been reinforced since the ALUR law of 27 March 2014. The law of August 6, 2015 modified the rules once again. A short overview of the protection of the elderly tenant, and an update on certain preconceived ideas. Before starting, a brief review of the previous protection regimes: The Act of 6 July 1989 provided that to benefit from protection, the tenant must be over 70 years of age and justify [...].

Read more

Bailiffs throughout France: the Delivract network

Delivract

In the daily exchanges between legal professionals, email has replaced fax or post, allowing a dematerialization of transmissions, without however meeting all the needs that are those of lawyers, real estate agencies, and generally speaking any person who must involve bailiffs throughout France. We have therefore questioned many of our correspondents, and among their requests, was frequently a search for efficiency in the time required to manage the dispatches necessary for the perfect running of their offices. Indeed, the current secretariats have the heavy burden of having to find the Judicial Officer who is competent in the area of the [...]

Read more

Rental: What proof should you ask your tenants for?

Rentals: what kind of proof? When looking for a tenant, owners who manage their property themselves (and we can never insist enough on the fact that professionals manage properties better than private owners) ask for supporting documents from prospective tenants. But do you know which supporting documents you are entitled to ask for, and which ones you are not allowed to ask for? If you have chosen to avoid going through a real estate professional, such as a bailiff who can manage your property, do not give in to the temptation to [...].

Read more

Rental Management by Bailiff :

Rental management by bailiff: entrusting your property to a bailiff: Why is it the right choice? The status of lessor requires more and more legal, fiscal and technical skills. Calling on a manager can be a good solution. Did you know that a bailiff can be your property manager? Rental management by a bailiff is THE ideal solution. Why choose rental management by bailiff? The legal texts that govern the rental of a dwelling are more and more complex, the leases are thicker and thicker. Leases are getting thicker and thicker.

Read more

unpaid solutions: 4 Solutions to avoid unpaid bills

Outstanding payments: The main cause of insolvencies is precisely the unpaid debts to which they are subject, even though the deterioration process usually begins several years before bankruptcy. However, by implementing simple solutions, you can easily reduce your delinquencies. We present four of them here. Please note that you can receive our complete documentation free of charge, which explains the TEN solutions that can be implemented to reduce and prevent non-payment. Simply request it here on the right-hand side of this screen. Without further ado, here are a few simple solutions: Ask for a deposit! By demanding a deposit, you can [...]

Read more

The seizure of trademarks

Among the range of enforcement measures, or protective measures, which are available to creditors through bailiffs, there are certain specific procedures which our firm has specialised in. These procedures include the seizure of aircraft or helicopters, the seizure of taxi licenses, the seizure of liquor licenses and the seizure of boats. There is also a very original and particularly effective procedure: the seizure of trademarks. Our study specialises in the seizure of trademarks. We will first see why a trademark can be seized, before going on to explain the [...]

Read more

Limitation period in civil matters

There are different types of prescriptions. In particular, it designates the length of time beyond which legal action, whether criminal or civil, is no longer admissible. The Act of 17 June 2008 has amended the rules of prescription in civil matters. While the general rules of prescription are to be found in articles 2219 and following of the Civil Code, special provisions can be found in other codes (Consumer Code, Building and Housing Code, Insurance Code, etc.) or in special texts. Thus, the prescription of bailiff's costs is governed by the [...].

Read more

Purchase report by bailiff

"Counterfeiting can be proven by any means". This is how article L716-7 of the Intellectual Property Code begins. Also, it is possible to prove an infringement, without going through the costly procedure of counterfeit seizure, by having a bailiff record the sale of products claimed to be counterfeit: this is the bailiff's statement of purchase. The statement of purchase by a bailiff is a simple, relatively inexpensive procedure, accepted by case law for many years (see for example CA Paris, 25 October 1993, Union Franco-Chinoise/Kodak, Jurisdata: 1993-024434; Cass. Soc. 18 [...]).

Read more

European Bailiff Meaning Europe

As we know, for the service of judicial and extra-judicial documents on the national territory, the judicial officer has a territorial competence extended to the jurisdiction of the Court of Appeal within which he exercises his ministry. As a reminder, our firm is thus competent for the whole of the Ile de France, due to its two offices in Nanterre and Paris. One might think that we are far from the European bailiff... However, the situation is quite different for recipients domiciled on the territory of one of the Member States of the European Union: the rules are indeed quite different.

Read more

New Year, new skill(s)!

Happy New Year 2017! In this time of celebration and renewal, we send you our sincere wishes for happiness and prosperity. For our study, we have been preparing for the great changes of the year 2017 for a year now. In order to serve you better, we are now competent, for all your service of documents or any execution, on the jurisdiction of the Court of Appeal of Versailles, namely : - The department of Yvelines -78 - The department of Hauts de Seine -92 - The department of Val d'Oise - 95 - And also the department of Eure [...]

Read more

REFUSE LINKY - How to refuse the installation of a Linky meter

refuse linky

Do you know how to refuse Linky or GAZPAR? Since the law on energy transition came into force on 18 August 2015, the new generation LINKY (or GAZPAR) meter has raised many questions about both its usefulness and its impact on consumer health. Progressively, and by 2021, more than 35 million meters will be installed throughout the country. Indeed, you are entitled to REFUSE THIS INSTALLATION (refuse Linky, and equivalent). Indeed, some people question the relevance of the installation of this new meter and its impact on health. In front of [...]

Read more

Defects: What to do? - Constructions and Defects: How to get out of it

Malfunctions what to do

What to do in case of defects? Since 1978, project managers, craftsmen, architects... have been obliged to take out construction insurance which guarantees the construction for 10 years. This is called the ten-year guarantee. From then on, and without even having to prove any fault whatsoever on the part of the builder, it is possible to have the guarantee come into play. However, in some cases, legal action is still necessary. Before taking the slightest step, the priority is to keep proof of the defect or defects. To do this, the first thing to do is to send a registered letter to the manufacturer to [...].

Read more

Order to Pay

order for payment

Pour récupérer une dette impayée, il est possible de s’adresser à notre étude pour une procédure de recouvrement de créances ou de saisir gratuitement un juge pour se faire délivrer une injonction de payer. Il n’y a pas de montant minimum pour engager de telles procédures. Notre étude vous assiste pour le dépôt de l’Injonction de Payer, et pour le recouvrement de votre créance. La procédure se passe en trois temps : 1 – la présentation de la requête au juge : Il est possible d’engager une procédure d’injonction de payer, dans le cas où la créance (la dette) résulte : soit […]

Read more

How to deal with an unpaid cheque

You've just received a notice from your bank that a cheque you had given for cashing has not been paid, and you're wondering what to do? Here's how to help you: First of all, we advise you to react the same day and to contact the drawer of the cheque (the person who wrote you the cheque) by telephone, e-mail or post and ask him either to send you the cash payment within 30 days (you will give him back his cheque on this occasion), or to fund his account. After this period, deposit the cheque back at your bank. It is indeed [...].

Read more

The Interpellatory Summons: the ultimate level of formal notice

  The ordinance of 11 February 2016 reforming the law of obligations has profoundly modified the civil code. Among the new provisions, we find in particular, within chapter 3 dealing with actions open to creditors, an article 1344 dealing with the debtor's formal notice. This article reads as follows: "Art. 1344 -The debtor is put on notice to pay either by a summons or an act of sufficient interpellation, or, if the contract so provides, by the mere exigibility of the obligation.

Read more

Partnership with AGRASC

Partnership with Agrasc

Our firm is part of the AGRASC network of Judicial Officers whose founding act was signed by the National Chamber of Judicial Officers and by Charles DUCHAINE, General Director of AGRASC (Agency for the Management and Recovery of Seized and Confiscated Assets). Objective: to put at the disposal of AGRASC a network of voluntary judicial officers who can be mandated on some of its missions in the field of real estate management and auctions of movable goods. Presentation of AGRASC: The Seized and Confiscated Assets Management and Recovery Agency is a [...] establishment [...].

Read more

Vehicle auction September 19, 2016

19 September 2016 VEHICLES SALE ON INCLUSIONS Before all else, please read our conditions of sale (at the bottom of this page) On September 19, 2016 at 10:30 a.m. will take place an Auction Sale of Parisian Taxi License (parking authorization) and Vehicles at the Auction Space 54 BD RODIN in ISSY LES MOULINEAUX LOT N° 1 (see sale taxi license) LOT N°2 : PORSCHE CAYENNE registered CR-552-VD 1st registration : 07/12/2007 Mileage meter not guaranteed 66 698 km Judicial Sale Sold with key - AND TECHNICAL CONTROL (to download below) CT PORSCHE CAYENNE Indicative details CAYENNE designation [...]

Read more

INPUT Taxi licence: an element of the debtor's assets

taxicab licence seizure

Our firm specialises in the sale of vehicles, and the sale of intangible assets, such as IV licences (public houses) or taxi licences (which are actually called parking permits), but also brands. TAXI LICENCE SEISIBILITY: The Court of Cassation, in an opinion of 8 February 1999, validated the principle of seizability of IV licences, as they are intangible rights, and accepted the principle of their seizability in the form of a procedure for the seizure of shareholders' rights and securities? As a result of this opinion, many [...].

Read more

VEHICLE AUCTION SALES (tourism and utilities 4 July)

SALE OF TOURISM & UTILITY VEHICLES ON 04 July 2016 Before anything else, please read our conditions of sale (at the bottom of this page) On 4 July 2016 at 10.30 am, an Auction of Vehicles will take place at the Relais de la Malmaison - 93 bd Franklin D. Roosevelt in Rueil Malmaison (Albatros room) Vehicles for sale : LOT N°1 : FIAT 500 registered AF-996-LS 1st registration : 18/11/2009 Mileage not guaranteed 37 862 km Judicial Sale Sold with key - LOT N°2 : RENAULT TWINGO registered BT-018-FW 1st registration : [...]

Read more

Twitter facebook defamation: a common cocktail

diffamation

Whether on twitter or facebook, internet users sometimes feel untouchable, entrenched behind the anonymity of their keyboard. If you are a victim, here are the steps to take: The Law on the freedom of the press of 29 July 1881 is not only applicable to paper communication but also to communication on the internet, and in particular blogs and social networks. The LCEN law of 21 June 2004 for confidence in the digital economy makes publications on the internet subject to the [...]

Read more

First unpaid rent: what to do?

This is a situation that individual landlords are not prepared for: the first unpaid rent. While the rents were paid regularly, here we are on the 12th of the month and the rent is still unpaid. We are going to see together the good reflexes to have, whether it is a commercial lease or a residential lease (furnished or not). First thing to do: contact the tenant Indeed, whatever the cause of the delay, an immediate dialogue is necessary. This will show your tenant that you are following your accounts, that you are paying attention to the regularity of the payment of the rent. […]

Read more

Comparative advertising: the bailiff your ally

comparative advertisement

Comparative advertising has long been prohibited in France, but it was first authorised and regulated by case law, in particular by the Court of Cassation in a judgment of 22 July 1986, and then by the Law of 18 January 1992 which introduced an Article L121-8 of the Consumer Code: "Any advertising which compares goods or services by implicitly or explicitly identifying a competitor or goods or services offered by a competitor is lawful only if: 1° It is not misleading or likely to mislead; 2° It relates to goods or services [...]; 3° It is not misleading or likely to mislead; 4° It relates to goods or services [...]; 5° It is not misleading or likely to mislead; 6° It is not misleading or likely to mislead; 7° It relates to goods or services [...]; 8° It is not misleading or likely to mislead; 9° It is not misleading or likely to mislead; 10° It is not misleading or likely to mislead; 11° It is not misleading or likely to mislead; 12° It is not misleading or likely to mislead; 13° It is not misleading or likely to mislead; 14° It is not misleading or likely to mislead.

Read more