Attempting to collect debts amicably is important and necessary;
Every company manager, has to face one day an indelicate customer, who will delay or never even pay his bills; Such a behaviour put your cash flow at risk and can sometimes lead your company to its loss;
You can and should fight against these behaviors;
Firstly, you should send reminders by email or simple mail; Sometimes, a lack of organization explains this delay, which is then immediately remedied;
However, if, despite this first reminder, your customer still does not proceed with payment, it is necessary to act quickly, because unpaid bills are often the first signs of more serious difficulties;
You should then immediately approach a legal professional who may send an official letter of formal notice to your debtor;
This letter, is a necessary and mandatory prerequisite to any referral to the courts, and should mention specific information;
As a matter of fact, you could have to justify this attempt before the Judge;
Indeed, and according to the article 56 of the French Code of Civil proceedings : " Unless there is a legitimate reason relating to the urgency or the matter in question, in particular when it concerns public policy, the summons shall also specify the steps taken to reach an amicable settlement of the dispute."
However, the nullity is not provided in case of lack of this mention, but the Judge could may propose to the parties a conciliation or mediation measure before serving any decision;
It is therefore a real encouragement of the parties to explore and implement all the solutions that can resolve a dispute amicably before taking legal action.
Furthermore if some legal information does not appear on the notice , your legal proceedings could be declared inadmissible, definitively preventing you from recovering your claim, because of the time bar limit;
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