Regulation

Item 1:

The provisions of this decree apply to natural or legal persons who, in a usual or occasional manner, even on an ancillary basis, carry out the amicable recovery of debts on behalf of others, with the exception of those who do so. under their professional status or within the framework of the regulation of their profession.

Section 2:

The persons mentioned in article 1 must justify that they have taken out an insurance contract guaranteeing them against the pecuniary consequences of professional civil liability that they can incur because of their activity. They must also justify having an account in one of the credit institutions referred to in article 18-1 of the law of January 24, 1984 aforementioned or one of the institutions or one of the establishments referred to in article 8 of the same law. This account must be exclusively allocated to the reception of funds collected on behalf of the creditors.
The justification of the conditions required in the preceding paragraphs is ensured by written declaration of the interested parties, handed over or addressed, before any exercise, to the public prosecutor at the tribunal de grande instance in the jurisdiction of which they have the seat of their activities. At any time, the public prosecutor can verify that those interested comply with the obligations prescribed by this article.

Section 3:

The persons mentioned in article 1 can only proceed with the amicable recovery after having concluded a written agreement with the creditor in which it is given to him to receive on his behalf.
This agreement specifies in particular:
1 ° the foundation and the amount of the sums due, with the separate indication of the various elements of the claims (s) to recover on the debtor;
2 ° The conditions and terms of the guarantee given to the creditor against the pecuniary consequences of civil liability incurred due to the activity of recovery of claims;
3 ° The conditions for determining remuneration payable by the creditor;
4 ° The conditions for the repayment of the funds collected on behalf of the creditor.

Clause 4:

The person responsible for the amicable recovery addresses the debtor a letter which contains the following mentions:
1 ° The names or social names of the person responsible for the amicable recovery, his address or his head office, the indication that he exercises an amicable recovery activity.
2 ° The social names or denominations of the creditor, his address or registered office.
3 ° The basis and the amount of the sum due to the principal, interests and other accessories, distinguishing the various elements of the debt, and excluding the costs which remain the responsibility of the creditor in application of the third paragraph of article 32 of the law of July 9, 1991 aforementioned.
4 ° The indication of having to pay the amount due and the terms of payment of the debt.
5 ° The reproduction of the third and fourth paragraphs of article 32 of the law of July 9, 1991 aforementioned.
The references and date of dispatch of the letter referred to in the preceding paragraph must be recalled during any other approach to the debtor for the amicable recovery.

Clause 5:

A receipt is given to the debtor for any payment. The funds received by the person responsible for recovery must give rise unless approached by a repayment within one month from their effective collection.

Section 6:

The person in charge of recovery must, when he has obtained even partial payment from the debtor, inform the creditor, since this payment does not result from the execution of an installment payment agreement already known to the creditor. . Unless otherwise stipulated, it must also keep him informed of any proposal by the debtor to discharge his obligation by any means other than immediate payment of the sum claimed.

Clause 7:

Will be punished with the fine of a fine of the 5th class, anyone who, exercising the activity referred to in article 1: 1 ° has not complied with the obligations provided for in article 2; 2 ° will have omitted one of the mentions provided for in article 4 in the letter addressed to the debtor. In the event of a recurrence, the fine of fine for recurrence of the 5th class tickets is applicable.

Section 8:

This decree will enter into force on the first day of the sixth month following its publication in the Official Journal of the French Republic.

Section 9:

The Keeper of the Seals, Minister of Justice, the Minister of Economy and Finance and the Minister of Small and Medium Enterprises, Trade and Crafts are responsible, each as far as he is concerned, for the execution of this decree, which will be published in the Official Journal of the French Republic.
By the Prime Minister: Alain JUPPE
The Keeper of the Seals, Minister of Justice, Jacques Toubon
the Minister of the Economy and Finance, Jean Arthuis
the Minister of SMEs, Trade and Crafts, Jean-Pierre Raffarin