What if a collection business asks you for money?

Verified 20 October 2022 - Directorate for Legal and Administrative Information (Prime Minister)

If you owe money and don't pay your debt, a amicable covering business can contact you to ask you to pay the amount due. This business is acting on behalf of your creditor.

A collection business is a company that takes responsibility for claiming a refund of an amount owed to you by a debtor.

She is acting on behalf of a creditor (company or person) who has signed an agreement with it. It charges the creditor for its services.

The recovery business has no specific means of action: it has the right to claim the amount due by post (letters of formal notice to pay) or by telephone. In addition, there are certain rules that must be followed when intervening.

The collection business can claim the amount due by mail (letters of formal notice to pay) or by telephone.

The collection business must first send you a first letter (a single or registered letter with acknowledgement of receipt) that indicates the following information:

Name, address or registered office of the recovery business
Information that the recovery business is engaged in an amicable recovery activity
Name, address or registered office of creditor
Origin and amount of sums due (principal, contingent interest and ancillary)
The fact of having to pay the amount due and the requirements for payment of this debt (time, place ...),
Next text: Recovery costs incurred without an enforceable title shall be borne by the creditor, unless they relate to an act the performance of which is prescribed by law to the creditor. Any provision to the contrary shall be deemed unwritten, unless otherwise provided by law. However, a creditor who proves that the company steps necessary to recover his claim are necessary may ask the enforcement judge to leave all or part of the costs thus incurred to the debtor in bad faith.

FYI

you do not have to pay the costs of writing and sending this letter.

In any subsequent action (letter or telephone call), the collection business must remind you of the date of dispatch and the reference of this 1^re letter.

FYI

malicious and repeated phone calls are prohibited.

In any case, you can ask for the help of a lawyer or a commissioner of justice (formerly bailiff and auctioneer). There are free consultations in a house of justice and law or town hall.

Who shall I contact

Point-justice

Town Hall

You owe the amount you are charged

You can pay for everything

You can choose to pay your creditor directly. In this case, you must inform the collection business.

If you repay your debt (in whole or in part) to the collection business, it must give you a free receipt attesting to the payment you have made. It then pays the amount back to your creditor.

FYI

The business of recovery can't charge you fees that she hires to contact you (example: costs of writing and sending registered letters). These fees must be charged to the creditor which has used the recovery business.

If the collection business requires you to pay these fees, you can use this template:

Repaying a debt and refusing fees charged by a collection business

You can only pay partially

You can choose to pay:

Either your creditor, directly. In this case, you must inform the collection business.
Let's say the cover business. In this case, she must give you a receipt, free of charge, attesting to the payment you made. It then pays the amount back to your creditor.

For the remainder, you can ask the creditor or the recovery business to grant you a payment delay.

FYI

You can't pay

You can ask the collection business or the creditor to grant you a payment term.

FYI

When you do not repay the amount you owe within the prescribed period, the creditor may then ask the judge of the court to intervene, in particular to a seizure against you. This procedure is paid, these costs will be borne by you.

You do not owe the amount you are charged

You can ask a lawyer or a commissioner of justice (formerly bailiff and auctioneer). You can meet one of these professionals for free in a Justice Point or in town hall: