Pre-litigation | Paris Litigation

Whether for civil or commercial claims, any dispute must go through a pre-litigation phase . Indeed, legal recovery is a last resort, both time-consuming and costly, which is best avoided when possible.

As an expert in amicable and judicial recovery , we support our clients in pre-litigation to enable them to obtain payment of their unpaid invoices as quickly as possible.

What does the pre-litigation stage of debt recovery consist of?

When a creditor faces a debtor who is in arrears, amicable recovery, also called pre-litigation, often makes it possible to obtain payment of debts. Indeed, in many cases, it is not necessary to claim the sums due in court: the order for payment procedure with enforceable title must be launched as a last resort.

The pre-litigation therefore consists of sending reminders to the debtor to remind him that he is late in paying his invoices and that he must therefore pay his unpaid debts as soon as possible.

The settlement of debts can then be done amicably, for example, with the establishment of a schedule if the debtor encounters temporary financial difficulties.

Why is pre-litigation essential in the event of disputes?

When a creditor encounters a dispute with one of its clients, it may be tempted to take the matter to court to win its case. In reality, this approach is not recommended by collection experts.

There are 2 main explanations for the fact that pre-litigation is always preferred as a first resort:

It is an effective amicable technique which ensures that customer relations are not altered;
It is also a legal obligation so that the legal procedure is not rejected by the judge.

Protection of customer relations

When a debtor does not pay his debts on time, the creditor must show leniency. Indeed, it may be a simple oversight or even an error on the part of the bank, the post office or even the debtor himself, for example, in the case of a poorly worded check.

The creditor has the right to demand rapid payment of his invoices. However, too direct action against the debtor could damage the customer relationship , while there may be an explanation for the late payment.

This is why it is preferable to use amicable means initially: reminders then formal notice before initiating legal recovery.

A legal obligation before legal recovery

If the pre-litigation phase is unsuccessful, the creditor will be able to legally launch legal proceedings. Indeed, the courts require amicable recovery attempt before taking any action.

Thus, a creditor who does not respect the procedure, by directly launching a legal recovery, would see his request rejected.

What procedure for pre-litigation?

But what does the pre -litigation ?

Amicable recovery consists of 2 stages:

The reminders
The notice

The reminders

The first step consists of sending a letter, preferably a registered letter with acknowledgment of receipt, to the debtor to inform him that he is late in payment.

This warning letter is often enough to obtain a reaction. The invoice number, date and amount must appear in the reminder. Please note, it is important to keep proof of sending and receipt in the event that the pre-litigation is unsuccessful.

Before sending the first reminder, it is also possible to contact the customer by telephone to notify them of the impending due date: sometimes a simple reminder is enough to obtain rapid payment of their invoices.

The notice

If simple reminders are not enough, a formal notice must be sent to the debtor.

This is then a questioning which can take several forms:

An extra-judicial document sent by bailiff;
A registered letter with acknowledgment of receipt.

To be valid, it must be specified in the letter that the letter serves as formal notice to have to formally fulfill an obligation, namely the payment of unpaid invoices.

The legal procedure as a last resort

If there is still no reaction following the formal notice or if the debtor refuses to pay his debts, the creditor may then decide to launch legal proceedings .

Most of the time, legal recovery consists of an order to pay. The creditor must then ask the court for an order for payment with an enforceable title.

Depending on the type of debt, you should not contact the same authorities:

The commercial court for commercial debts;
The judicial court for civil claims.

If the creditor's request is rejected by the court, he has two options left:

The classic assignment
The provision reference

Paris Contentieux supports you in the pre-litigation phase of recovery

Paris Litigation has been supporting companies facing unpaid debts since 1999.

Our experts can take care of amicable or pre-litigation recovery for you. Obviously, if the strategies put in place fail, we can support you in setting up legal recovery .

Recovering your unpaid invoices is our mission: you will benefit from our expertise during the amicable phases, but also if litigation recovery must be initiated so that you can recover the amounts owed to you.

Pre-litigation: the reminder stage to obtain settlement of unpaid debts