French writ of seizure served on me.
I have a court date in MAEUX Paris on the 16th June. The hearing will be to consider the validity of seizure.
The court papers were not handed to me personally the UK bailiff left them on my home windowsill because he saw me standing near the front door, he did not see me pick up the papers but drove away promptly. My wife witnessed this.
I have a plan to pay off the whole property over the next 5 years as i do not wish to lose this property.
The summons papers state a lawyer needs to appeal either in writing or verbally at the hearing.
I will attend in person to state my case.
Please advise on the correct course of action i need to take in order to appeal.
No I haven`t been to court yet, I have a translated summons for payment? and have to appear in Paris for a repossesion hearing to be ppresided over by a judge....to rule in relation to objections and related claims, determine the validity of seizure and to decide the arrangements for preceding s.
it does also state, related objections and claims must be submitted by means of lawyers submissions at the time of the hearings at the latest...its this that i need advice on, could i object myself or do i need a lawyer there with me.. will there be a duty lawyer present at the court hearing?
Ok - so this is just a claim form, is that right?
If there is a delay in reply it is because I am on holiday in the USA!
It`s a summons for payment according to the paperwork, but like I said what can I do as I will be attending court and offering to pay the whole amount over a 4-5 year purchase plan as I don't want to lose the property...But the objection has to be made by a lawyer?? or can I do it?
You can object. However if the Court does not accept payment by installments what can happen is this
The creditor can get a European Enforcement Order
This means that the debt can then be enforced in the UK
They can send in the bailiffs here or get a charge on property which could potentially lead to an order for sale
So, what can I do when at court?
So your best tactic is to try and defend it OR make an offer to the Court to pay by installments
What I suggest is that you provide an income and expense breakdown
Then you can show the court what you can afford
Ok, I will offer to pay 800 euros per month, which will cover the whole purchase of the property in just 4 years....what do you think?
ok I see your answer above
Is there anything else I can clarify for you about this?
regarding objections could I do this? it does say lawyers objections
Yes you can object especially if you have any legal grounds, but if you accept you owe the debt, I suspect not
but the bailiff paperwork was not served legaly, it was not handed to me but left on my windowsill?
I will object on this is ok
Yes I would certainly do this
It would need to be properly served.
However, the fact you have it and are going shows that you knew about it
Service could be dispensed with
But I would argue it
Ok I will try to be very humble and see if this works....Thank you very much Alex :)
No problem, good luck with this
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