Forced recovery occurs when the debtor refuses to pay, after a court judgment. These forced investigations are framed by strict guidelines and involve different parties, regular or occasional..
During this period, certain rules must be observed. The only person authorized to carry out an execution by constraint is the commissioner of justice, formerly bailiff. This officer is a ministerial officer appointed by the Keeper of the Seals and must take an oath. He is required to advise the creditor on the choice and appropriateness of enforcement measures, and also to inform the debtor of the enforcement measures that have been implemented. Its operations are controlled both in their content and in their location.
Third parties, also referred to as those who are not members of the creditor or debtor relationship, are bound by a general duty of cooperation and are requested to offer their assistance in the enforcement process.
Find the CAP RECOVERY tutorial on the parties involved in a forced recovery in France!