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It doesn’t end here. I won money this way and getting them to actually pay is near impossible unless you want to burn like $50k on lawyers putting caveats on al

It doesn’t end here. I won money this way and getting them to actually pay is near impossible unless you want to burn like $50k on lawyers putting caveats on all their stuff. Like, the law is so broken, nothing happens if they just don’t pay. Eventually your “win” can expire after 13 years or something and if you didn’t collect the money then it’s no longer collectible.

bdauvergne 3y ago
It should take 1 or 2 months to get the money, it's nearly automatic even if the loser want to go again to "cours de cassation" (french 2nd circuit).
deleted 3y ago
[deleted]
nolok 3y ago
Not sure what country you are in, but in France if the other party is not going forward with it you use a "commissaire de justice", which is a regulated profession with special powers and will be able to seize money straight from the other party bank account (while taking a fee and a % for himself for his services). It works whether the other party is a legal or a moral person, they're also allowed to get inside their home or office and seize physical things, or even put a place for sale. See [1]. You need a "titre executoire", which a judgment in court is. If on the other hand you have a simple normal everyday contract and the customer isn't paying for it, you can ask the court for a titre executoire, where the other party can argue and the judge can check whether it was a real contract / you delivered / ... and if yes will give an order to pay -- it takes between 2 weeks and 3 months in my experience, if you get the titre and the other party still doesn't pay then you can use the commissaire de justice de seize from their account. If your contract is for a sum below 5000 you don't need to involve the court, only to have tried amical resolution before, and then the unpaid contractual debt act as a titre executoire by itself, that the commissaire can act on (though as that point the other party is allowed to involve a judge to protect themselves if needed or wanted). They usually send a notice to banks and banks have to return what accounts they own for said person, to allow the proportional seizure. Now this has limits of course, most importantly if the other party is insolvent, or if the commissaire cannot find their assets or they don't have any, etc ... But for a company like Orange, it's a non issue. This will be paid, one way or the other. [1] https://www.service-public.fr/particuliers/vosdroits/F922 https://www.service-public.fr/particuliers/vosdroits/F922
- fanf2 3y ago
  Sounds a lot like what in Britain are called the bailiffs, or (in more modern language) court enforcement officers.
  - _puk 3y ago
    Bailiffs are just one option [0]. But, as in France, you have to go through court to trigger any form of collection after non payment of a judgement. 0: https://www.gov.uk/government/publications/what-to-do-if-a-defendant-doesnt-pay-money-after-judgment-ex321/what-to-do-if-you-have-a-judgement-but-the-defendant-has-not-paid-ex321 https://www.gov.uk/government/publications/what-to-do-if-a-d...
    - nolok 3y ago
      No you don't have to ? The judgment itself act as a "titre executoire", it's an order to pay that you can give to the commissaire de justice, not involving the courts anymore.
sofixa 3y ago
Which law is broken? Why are you talking in $ when the court case is in France?

bdauvergne 3y ago

It should take 1 or 2 months to get the money, it's nearly automatic even if the loser want to go again to "cours de cassation" (french 2nd circuit).

deleted 3y ago

[deleted]

nolok 3y ago

Not sure what country you are in, but in France if the other party is not going forward with it you use a "commissaire de justice", which is a regulated profession with special powers and will be able to seize money straight from the other party bank account (while taking a fee and a % for himself for his services). It works whether the other party is a legal or a moral person, they're also allowed to get inside their home or office and seize physical things, or even put a place for sale. See [1]. You need a "titre executoire", which a judgment in court is. If on the other hand you have a simple normal everyday contract and the customer isn't paying for it, you can ask the court for a titre executoire, where the other party can argue and the judge can check whether it was a real contract / you delivered / ... and if yes will give an order to pay -- it takes between 2 weeks and 3 months in my experience, if you get the titre and the other party still doesn't pay then you can use the commissaire de justice de seize from their account. If your contract is for a sum below 5000 you don't need to involve the court, only to have tried amical resolution before, and then the unpaid contractual debt act as a titre executoire by itself, that the commissaire can act on (though as that point the other party is allowed to involve a judge to protect themselves if needed or wanted). They usually send a notice to banks and banks have to return what accounts they own for said person, to allow the proportional seizure. Now this has limits of course, most importantly if the other party is insolvent, or if the commissaire cannot find their assets or they don't have any, etc ... But for a company like Orange, it's a non issue. This will be paid, one way or the other. [1] https://www.service-public.fr/particuliers/vosdroits/F922 https://www.service-public.fr/particuliers/vosdroits/F922

fanf2 3y ago
Sounds a lot like what in Britain are called the bailiffs, or (in more modern language) court enforcement officers.
- _puk 3y ago
  Bailiffs are just one option [0]. But, as in France, you have to go through court to trigger any form of collection after non payment of a judgement. 0: https://www.gov.uk/government/publications/what-to-do-if-a-defendant-doesnt-pay-money-after-judgment-ex321/what-to-do-if-you-have-a-judgement-but-the-defendant-has-not-paid-ex321 https://www.gov.uk/government/publications/what-to-do-if-a-d...
  - nolok 3y ago
    No you don't have to ? The judgment itself act as a "titre executoire", it's an order to pay that you can give to the commissaire de justice, not involving the courts anymore.

sofixa 3y ago

Which law is broken? Why are you talking in $ when the court case is in France?