How to Get a Loan Repaid from a Friend in France

Question from Chryssou, How to Get a Loan Repaid from a Friend in France

Answer from AI:

If you have lent money to a friend in France and they are unwilling to repay the debt, there are several steps you can take to try to recover your money. This guide will provide an overview of the legal options available to you, but please note that consulting with a legal professional is recommended for personalized advice.

Initial Steps to Take

Before taking legal action, consider the following steps:

1. Communicate Clearly: Start by having a clear and honest conversation with your friend. Sometimes, a simple reminder or discussion can resolve the issue.
2. Written Reminder: Send a formal written reminder (mise en demeure) to your friend, stating the amount owed, the original agreement, and a deadline for repayment. This can be done via registered mail with acknowledgment of receipt.

Legal Options

If the initial steps do not lead to repayment, you may need to consider legal action. Here are some options:

1. Small Claims Court (Tribunal d’Instance)

For debts under €10,000, you can take your case to the Tribunal d’Instance. The process is relatively straightforward and does not necessarily require a lawyer.

• Filing a Claim: You will need to file a claim (requête) with the court, providing evidence of the loan and any communication regarding repayment.
• Evidence: Gather all relevant documents, such as written agreements, bank statements, and any correspondence with your friend.

2. Order for Payment (Injonction de Payer)

An Injonction de Payer is a simplified procedure for recovering debts. It is suitable for clear and uncontested debts.

1. Application: Submit an application to the court, including evidence of the debt.
2. Judge’s Decision: If the judge finds your claim valid, they will issue an order for payment.
3. Notification: The order must be served to your friend, who has one month to contest it. If they do not contest, the order becomes enforceable.

Enforcement of Judgment

If you obtain a court judgment in your favor and your friend still does not pay, you may need to take further steps to enforce the judgment.

• Bailiff (Huissier de Justice): A bailiff can be appointed to seize assets or garnish wages to satisfy the debt.
• Additional Costs: Be aware that enforcement actions may incur additional costs, which can sometimes be recovered from the debtor.

When to Seek Legal Advice

While the above steps provide a general overview, each case is unique. It is advisable to consult with a legal professional to:

• Assess the strength of your case
• Understand the potential costs and benefits of legal action
• Receive guidance on the best course of action

Resources

For more detailed information, you can refer to the following resources:

• Service Public – Injonction de Payer
• French Ministry of Justice

Remember, while this guide provides a general overview, it is not a substitute for professional legal advice. Always consult with a legal professional for advice tailored to your specific situation.