The emergency interim proceeding is a procedure whose main advantage resides in its speed of execution (approximately 15 days depending on enconbrement of the court).
It provides an enforceable title.
The essential condition of its effectiveness is the incontestability of your claim.
The file must provide all elements justifying the reality of the claim (purchase order, delivery order, invoices, correspondence recovery, demand, debentures etc ...).
With these documents, the judge must be able to appreciate the reality of the claim without ambiguity.
Once the file constituted and the summons of the debtor established by a bailiff, one week is necessary for the judge to consider the application and for the debtor who is preparing a possible dispute.
After the oral presentation of the parties, the judge makes the most frequently a decision with immediate execution. Even if the debtor appeals, it can not get rid of pay because of Enforcement presented at the judgment.
In case of a later judgment in favor of the debtor, you must repay the sums received.
This procedure is very advantageous in emergency situations especially if unpaid suffered involves the permanence of your business.
The key of the success of this operation, as "ultimately" for any legal action lies in your ability to prove your claim incontestability providing purchase orders, delivery notes, invoices, dunning letters and any writing of your customer acknowledging his debt to your company.
It provides an enforceable title.
The essential condition of its effectiveness is the incontestability of your claim.
The file must provide all elements justifying the reality of the claim (purchase order, delivery order, invoices, correspondence recovery, demand, debentures etc ...).
With these documents, the judge must be able to appreciate the reality of the claim without ambiguity.
The emergency interim proceedings process
Once the file constituted and the summons of the debtor established by a bailiff, one week is necessary for the judge to consider the application and for the debtor who is preparing a possible dispute.
After the oral presentation of the parties, the judge makes the most frequently a decision with immediate execution. Even if the debtor appeals, it can not get rid of pay because of Enforcement presented at the judgment.
In case of a later judgment in favor of the debtor, you must repay the sums received.
This procedure is very advantageous in emergency situations especially if unpaid suffered involves the permanence of your business. The key of the success of this operation, as "ultimately" for any legal action lies in your ability to prove your claim incontestability providing purchase orders, delivery notes, invoices, dunning letters and any writing of your customer acknowledging his debt to your company.