Business law

MOSAIK acts at every stage: before trial to secure payment, during the proceedings to obtain an enforceable title, and after judgment to have the decision enforced.

Before trial: securing your claim

The worst-case scenario is a debtor who has become insolvent by the time judgment is handed down. To avoid it, the firm puts in place protective measures tailored to each situation:

• the protective attachment, which preventively freezes bank accounts or movable assets, even before an enforceable title is obtained;
• the attachment of sums or assets held by a third party, such as a bank or a tenant;
• the provisional mortgage, which places a charge on real property to secure payment in the event of a sale;
• sequestration, which temporarily renders an asset unavailable;
• the deposit of sums with a third party for the duration of the proceedings;
• the appointment of an administrator to manage assets.

Each of these measures is analyzed with the client beforehand: the right measure, at the right time, on the right asset.

Obtaining an enforceable title

Depending on the nature of the claim and the debtor's attitude, MOSAIK chooses the fastest and most cost-effective route: a formal demand letter from an attorney, often sufficient; a payment order for undisputed claims; interim payment proceedings (référé-provision) where the claim is not seriously disputable; or a full writ of summons for cases that require it.

Enforcing the decision

Once the enforceable title is obtained, the firm launches the enforcement measures suited to the debtor's assets:

• the attachment of available funds in bank accounts;
• the seizure and sale of the debtor's assets;
• the garnishment of wages where the debtor is an employee;
• the final judicial mortgage over the debtor's real property.

A strategy, not blind procedure

Before incurring costs, the right questions must be asked: does the debtor have assets, and which ones? If their accounts are empty, how can the funds be recovered? Is there leverage that can secure payment? Is it worth petitioning to open insolvency proceedings?

That analysis is what separates a judgment framed on the wall from a debt actually collected. MOSAIK conducts it with you from the very first meeting, then carries out enforcement with the firm's partner enforcement officers (commissaires de justice).

Frequently asked questions

My customer is not paying: where do I start?

With a quick assessment of their solvency and of your file (contract, invoices, reminders). Depending on the case, a formal demand letter from an attorney may be enough to unlock payment; otherwise, the firm selects the most effective procedure with you, from a payment order to a full writ of summons, including protective measures.

What if the debtor is organizing their own insolvency?

Act fast. Protective attachments can freeze bank accounts or assets even before judgment, so that the upcoming decision does not remain a dead letter. Some of the debtor's maneuvers can also be challenged in court.

How much does attorney-led debt recovery cost?

The cost depends on the procedure chosen and the debtor's resistance. MOSAIK provides a fee estimate before any work begins and scales the strategy to the amount at stake: recovering a single invoice is not handled the same way as recovering a large outstanding balance.