Trade - Real estate

Debt collection / Enforcement procedures

Because it's not enough to obtain a court decision, MOSAIK assists its clients in collecting their debts after obtaining an enforceable title.

The firm is involved both upstream and downstream of litigation in :

  • Seizure of debtors' bank accounts to secure the recovery of funds once a writ of execution has been obtained;
  • Effectively enforcing favorable court rulings obtained by the firm.

There is a wide range of precautionary measures:

  • protective seizure: a measure enabling a creditor who does not yet have a writ of execution to preventively seize furniture or bank accounts.
  • sequestration: a voluntary protective measure to temporarily render a movable or immovable asset unavailable.
  • consignment of sums of money: a measure aimed at handing over a sum of money to a third party for safekeeping during the proceedings.
  • appointment of an administrator: a measure aimed at appointing a third party to manage assets (property, company, etc.).
  • seizure of sums of money or personal property held by a third party (e.g. in the hands of a bank or tenant)
  • provisional hypothec: a measure designed to encumber the property with a security interest in order to recover a fraction of the price in the event of sale.

MOSAIK implements all these precautionary measures, depending on the specific nature of each case, and is the subject of an upstream strategy and analysis with the customer.

And because obtaining a favorable court ruling is not the end of a case, quite the contrary, the firm is committed to using all useful and appropriate means to enforce court rulings and collect debts.

Debt collection, like the implementation of enforcement procedures, is a real strategy that must be developed with the customer, in line with his interests, his timing, and above all, the prospects of solvency of the debtor(s).

The question is whether :

  • Does the debtor have any assets?
  • Which ones?
  • If her bank accounts are not funded, how can I get my money back?
  • Do I have any leverage to force payment, even if the debtor doesn't have the necessary cash?
  • Is it in my interest to file for bankruptcy?

Like precautionary measures, enforcement measures are numerous and varied, and the firm assists its clients with each of them:

  • Attachment: seizure of a sum of money from one or more bank accounts;
  • Seizure and sale: sale of property belonging to the debtor to pay off the creditor;
  • Final judicial mortgage ;
  • Seizure of remuneration: if the debtor is an employee ;

Because it's not enough to obtain a court decision, MOSAIK assists its clients in collecting their debts after obtaining an enforceable title.