A major point of contention in Polish-French trade relations is the perception that French business partners are unreliable and slow payers, often prioritizing the settlement of foreign creditors’ claims last.
In most cases, contracts concluded with French business partners designate the jurisdiction of French courts. Under such circumstances, it is difficult for Polish entrepreneurs to assess their chances of recovering their claims in France, as well as to estimate the costs of local judicial proceedings.
- Is an Amicable Recovery Attempt Necessary?
French courts require proof of attempts to resolve the dispute amicably with the debtor, under penalty of dismissing the claim. At the same time, the debtor’s failure to respond to a pre-litigation payment demand will be interpreted by French courts as evidence that the claim is undisputed.
While amicable recovery efforts can be conducted by the creditor independently, judicial debt collection always requires the assistance of a specialized law firm.
- What Are the Specific Features of Judicial Debt Collection in France?
In French commercial courts, cases are adjudicated exclusively by non-professional judges, elected by a professional business council. Only at the appellate level do cases come before professional judges in the Commercial Chamber of the Court of Appeal.
When the disputed amount exceeds €10,000, legal representation by an attorney is mandatory. The claimant’s attorney drafts the statement of claim, which is served on the debtor on a date set in coordination with the court registry. Service is carried out by a bailiff, whose fees are covered by the creditor. The claimant’s attorney must then submit proof of service to the court registry. The defendant must appoint an attorney, who prepares and submits a written defense along with supporting evidence to the claimant’s attorney.
- Is Personal Attendance Required at the Court Hearing in France?
In commercial and civil court hearings, there is no oral testimony of witnesses or parties; instead, the court reviews written witness statements. Witnesses must draft their statements by hand on an official government form (CERFA), attaching a copy of their identification document. These statements, along with other evidence, are presented by the attorneys in their closing arguments at the final hearing.
⚠️ Except of international section of Paris Commercial Court, the French courts do not conduct hearings or examine witnesses via electronic means such as Microsoft Teams or Zoom.
Since written evidence is paramount in French procedural practice, the amicable phase of debt recovery is crucial. The following documents should be submitted:
- A copy of the signed contract;
- Unpaid invoices and proof of their dispatch;
- Evidence of unsuccessful payment demands (emails, phone call records, etc.).
- Is Submission of Original Documents Required?
French courts do not require the submission of original documents, unless their authenticity is disputed by the opposing party. However, sworn translations of evidentiary documents into French are required, except in certain commercial courts in large cities, which may accept English-language documentation.
⚠️ The principle of evidentiary preclusion does not apply in French litigation. This means that new evidence can be submitted to the opposing party’s attorney at any time until the end of the court proceedings.
- What Are the Costs of Debt Recovery Proceedings in France?
According to the principle of access to justice, procedural costs are limited to: (a) Bailiff’s fees for serving the claim on the opposing party; (b) Court filing fees, which are not dependent on the claim amount and generally amount to €70 per party (except in general civil courts, where filing a claim is exempt from fees); (c) If necessary: bailiff’s reports (e.g., in the absence of a construction handover protocol) or court-appointed expert opinions (e.g., in disputes over the quality of performed work); (d) Attorney’s fees, which are contractually agreed upon based on the complexity of the case.
The court orders the losing party to reimburse procedural costs (points a, b, and c) and has the discretion to moderate the reimbursement of attorney’s fees (point d), considering equity principles and the debtor’s financial situation.
- How Long Do Court Proceedings in France Take?
Depending on the complexity of the case and the type of proceedings initiated by the creditor’s attorney, litigation may last from several months to several years. In complex cases requiring an expert opinion, proceedings tend to be longer.
In such cases, it is recommended to first secure the claim.
- What Is the Purpose of Securing a Claim?
Before initiating judicial debt recovery, creditors should consider securing their claims, especially when dealing with high-value claims or when the debtor’s financial situation is uncertain.
To do this, a request must be filed with the President of the Commercial Court to obtain an order for the provisional seizure of the debtor’s bank accounts or other assets. If the judge deems the claim uncontested and sees a risk of non-recovery, they may grant asset seizure authorization before the issuance of an enforceable court judgment.
However, the creditor must initiate judicial proceedings within one month of the asset seizure, failing which the seizure procedure becomes void.