Home Visit - Paris Litigation

Paris Contentieux joined Concilium in 2018, an association bringing together collection firms. To become a member, it is necessary to carry out home visits, particularly on behalf of other members. Thanks to this membership, we are able to carry out home visits throughout France, including the French Overseas Territories.

Each collection firm is autonomous and must meet the criteria set by the charter:

Compliance with regulations
Adherence to scheduled visit times.
Provide a detailed passage report including one or more photos.
Always ensure the visits for which he has accepted the responsibility.
Be commissioned only on the percentage provided for in the contract and claim nothing more.

Visits and seizures are carried out by authorized judicial police officers, who must ensure that each operation respects legality. After each intervention, they write a detailed report, accompanied by photos and a report. It is essential that the accepted visits are always carried out, and that the remuneration of the practices complies with the conditions of the contract, without additional costs.

Why use a home visit?

To avoid having to resort to a long and costly legal procedure
To have an appropriate response to the dispute received (simple forgetting to pay, negligence, misunderstanding, desire not to break a commercial relationship, etc.)
To identify all the information relating to the actual situation of your client/debtor (the agent's eye and his report will allow us to qualify the file and therefore to guide your file with full knowledge of the facts).
The agent will attempt to achieve full recovery of the debt, either immediately or by resorting to a schedule which he will ensure compliance with.
Dramatically increase the number of files recovered by reviving seemingly lost files.

Home visits offer a quick and economical solution to a long and costly legal procedure. They make it possible to resolve various disputes, whether simple forgotten payments, negligence, misunderstanding or a desire not to break a commercial relationship. These visits also facilitate the collection of the documents necessary to contest a debt in the event of criminal or civil proceedings, while respecting the rights of the defense.

Interventions must comply with the Code of Criminal Procedure and the Book of Tax Procedures, in order to respect public order and the inviolability of homes. If an offense is noted, the magistrates and the public prosecutor can order searches or home visits, with authorization from the judge of liberty.

Example of a home visit case

Summary of the situation

A company specializing in computer maintenance provided services to an SME, but despite several reminders, the invoice remains unpaid. The SME, which had previously promised rapid payment, no longer responds to calls or emails. The creditor company then decides to use a collection agency to recover the amount owed.

Solution

Mandated by the maintenance company, we take several steps to contact the debtor. We used the company's email address and telephone number, without success. Registered reminder letters are sent, but they remain unclaimed at the post office. It becomes clear that the debtor is trying to avoid contact.

Faced with this impasse, we decide to make a home visit to the SME's headquarters. During our first attempt, we only found the secretary who informed us that the manager was often absent. We leave him a calling notice. The second visit, planned at another time, finally allows us to meet the manager on site.

After a frank conversation, the debtor explains to us that he is going through a difficult financial period, but that he is willing to regularize his situation. We agree together on a payment schedule spread over three months, which will allow the SME to repay its debt without compromising its activity.

Results

The home visit made it possible to open a dialogue with a debtor who avoided formal contacts. By respecting the legislation in force (articles R124-1 to R124-7 of the Code of Civil Execution Procedures), we were able to obtain an amicable agreement. It is important to remember that these visits must always be carried out with respect and professionalism, without exerting illegal pressure. This often makes it possible to resolve situations that seemed blocked, while preserving the commercial relationship.