You have just received a letter from a collection company. Its activity consists mainly of collecting a debt on behalf of others by implementing material means with the debtor so that he spontaneously settles his debt. Here are the main debt collection questions you ask yourself.

A collection company is asking me for money. However, I have already paid the amount to the creditor. What should I do?

You must justify your payment to the collection company. If you paid by check, remember that handing over a check alone is not worth paying. Check that your check has been cashed.

Can I ask the collection company to pay in installments?

Yes, you can suggest a schedule to the collection company. But he has to get the creditor's agreement for it to be put in place. Indeed, if the company receives a payment proposal that is not an immediate payment of the sum, it must inform the creditor. It must also refer to the contract concluded with its creditor.

If I pay part of the amount claimed, can I contest afterward?

Yes, you can contest if you realize that this amount was not due (totally or partially). However, paying part of the sum is tantamount to acknowledging that the debt is owed and may lead to the suspension of the current limitation. Please note, other hypotheses can also be considered as an acknowledgment of debt:

•Comments (for example, asking for time limits for payment);
•Enter the over-indebtedness commission.

When in doubt, be careful in your written exchanges.

The amount claimed by the collection company includes fees. Is it legal?

No, if these charges are intended for the collection company. It cannot, in fact, charge fees in addition to the payment of the debt. The company incurs penalties in this case. Be careful, however, you must check that the collection company does not postpone penalties or interest on late payment or costs provided for in the contract with your creditor.

Is a professional obliged to make a request for payment himself before going through a collection company?

A professional can proceed to his own reminders (internal litigation service, for example), before entrusting the collection to a specialized company. However, if the creditor works with a collection company, nothing prevents him from entrusting this mission directly to this company without issuing his own reminders.

I am contacted by a collection company about paying an amount I owe to a professional. Whom do I talk to?

The collection company is appointed by the professional to whom you owe money. A contract has been made between the creditor and the collection company on the debt to be collected. However, you remain free to contact the professional creditor directly to settle. In this case, do not hesitate to inform the collection company of your settlement with the creditor.

In the event of an assignment of receivables, on the other hand, there is no need to contact the original creditor because the latter no longer owns it. It is only the collection company, a new creditor that you will need to contact.

The collection company sends me a letter of formal notice. What does this imply?

To be considered as formal notice, this letter must include a so-called sufficient interpellation and threaten litigation. The formal notice will make it possible to run interest on late payments except when they run automatically. On the other hand, to have a seizure carried out by a bailiff, it is generally necessary that there be a conviction (enforceable title such as a judgment) or authorization from a judge.

In addition, the company's mail must contain all the information required by law.

The collection company tells me that it is going to have my car seized. Can she really make this seizure?

A collection company can only ask you to pay out of court the amount it claims. In fact, to have a seizure carried out by a bailiff, it is generally necessary that there be a conviction (enforceable title such as a judgment) or authorization from a judge.

The collection company claims that an order for payment has been issued against me ordering me to pay. What should I do?

The order for payment is a decision made by a judge. The creditor is required to notify you of this decision by a bailiff. However, it happens that the document referred to by the collection company is not the decision as such but rather a request ready to be filed with the court office.

In the first hypothesis, if this decision has been brought to your attention by a bailiff, you have a period of one month, from this notification, to oppose the order. For this, you must send a registered letter with acknowledgment of receipt to the court which rendered the decision.

In the second scenario, it may be a simple threat to get you to pay. It is, therefore, necessary to verify the exact nature of the document invoked and the date of the order. Note, a debt collection company can file a claim but cannot represent the creditor in court.

How long can I be asked to pay an invoice?

There is not one but payment terms depending on the nature of the debt. Be careful, however, some deadlines are subject to interruption or suspension. A limitation period can in fact be suspended or interrupted.

The suspension of the prescription temporarily stops the course without erasing the time limit which has already run. Thus, for example, the prescription is suspended when the parties agree to resort to mediation or conciliation.

How long is a debt due?

The foreclosure period that applies in particular to consumer credit is even more rigorous in its application. He cannot be suspended. It can be interrupted by a legal request, including summary proceedings, or an act of enforcement - only cases expressly provided for by law.