Abeille Avocats has specific expertise in debt recovery, particularly in the health and social care sector.
Abeille Avocats possesses a wealth of experience in this area and provides day-to-day support to some of the key players in this field, whether at the pre-litigation stage (amicable debt collection) or the litigation stage (legal debt collection).
Favouring a considerate approach in this sensitive sector, Abeille Avocats will do everything in its power to recover accommodation costs amicably where possible. If necessary, we will draw up a settlement agreement to secure a possible payment schedule.
That being said, rapid and effective debt collection ultimately presupposes that a writ of execution is obtained, and that pre-litigation preparation and appropriate responsiveness are in place to avoid any risk of insolvency on the part of the debtor (whether in good or bad faith) or the risk of the statute of limitations running out.
In this respect, Abeille Avocats is particularly vigilant as to the effectiveness of the procedures initiated and does everything in its power to obtain effective recovery of unpaid debts. Abeille Avocats – which operates throughout France via its network of privileged partners (bailiffs, agents) – offers comprehensive monitoring of the process from the first pre-litigation formal notice to the enforcement of the decision rendered.
In addition to its core expertise, Abeille Avocats has developed the additional skills needed to ensure that debt recovery proceedings run smoothly. In this respect, Abeille Avocats assists its clients in enforcing maintenance obligations. In particular, we act in cases of guardianship or safeguard (liability action), in the event of vacant inheritance or over-indebtedness.
Our debt recovery lawyers are available to assist you in Marseille, Aix-en-Provence, Lyon, Montpellier, Nice, Nîmes and Paris.
The core of Abeille Avocats’ expertise lies in its ability to offer you comprehensive support throughout the entire process of recovering accommodation costs. Based on solid experience, you will benefit from all the expertise of a dedicated and specialised team that will do everything in its power to achieve a single objective: the effective recovery of your outstanding debts.
It is now possible for private establishments to enforce the obligation to provide maintenance, which involves having the resident’s children contribute to the cost of accommodation. This procedure is more of a prevention tool than a recovery tool and will help to offset the resident’s future insolvency.
As residents are generally fragile individuals, they often benefit from a protective measure entrusted to a legal representative. This role entails a certain number of obligations for which they may be held liable, mainly in the event that they fail to take the necessary steps to pay the accommodation costs (application for social assistance, liquidation of assets, etc.) or to find alternative accommodation, the cost of which may be borne by the resident.
As prevention is better than cure, it is advisable from the outset of the proceedings to consider taking out certain guarantees (provisional mortgage registration, protective attachment). Abeille Avocat uses this type of procedure on a daily basis to secure your debt.
In these procedures, it is not uncommon for the death of the debtor to complicate and delay obtaining a writ of execution. In this case, the debtor’s successors must be contacted in accordance with certain formalities. They may accept the estate and be liable for the debt, or they may waive the debt. In the latter case, it is advisable to appoint a trustee for a vacant estate. It may also happen that the heirs are unknown or that the notary in charge of the estate refuses to communicate the information needed to pursue the procedure.
Excessive debt is not always synonymous with insolvency. And it is advisable to take part in these procedures as a creditor in order to try to contest the admissibility of the application or, later, the measures taken by the Commission. Lastly, it is important to ensure that the plan is properly implemented, as failure to do so may result in the plan lapsing.
Residence contracts are often accompanied by a guarantee from the resident’s relatives. This is a useful precaution that can contribute to the proper recovery of the debt. This being the case, the surety bond is entangled in a particularly demanding formality requiring a certain amount of expertise in order to see it usefully implemented.
