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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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French writ of seizure served on me.

Customer Question

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.

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : I assume there is already judgment against you? Did you not defend these proceedings please?
Customer:

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.

Customer:

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?

Alex Watts :

Ok - so this is just a claim form, is that right?

Alex Watts :

If there is a delay in reply it is because I am on holiday in the USA!

Customer:

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?

Alex Watts :

You can object. However if the Court does not accept payment by installments what can happen is this

Alex Watts :

The creditor can get a European Enforcement Order

Alex Watts :

This means that the debt can then be enforced in the UK

Alex Watts :

They can send in the bailiffs here or get a charge on property which could potentially lead to an order for sale

Customer:

So, what can I do when at court?

Alex Watts :

So your best tactic is to try and defend it OR make an offer to the Court to pay by installments

Alex Watts :

What I suggest is that you provide an income and expense breakdown

Alex Watts :

Then you can show the court what you can afford

Customer:

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?

Customer:

ok I see your answer above

Alex Watts :

ok

Alex Watts :

Is there anything else I can clarify for you about this?

Customer:

regarding objections could I do this? it does say lawyers objections

Alex Watts :

Yes you can object especially if you have any legal grounds, but if you accept you owe the debt, I suspect not

Customer:

but the bailiff paperwork was not served legaly, it was not handed to me but left on my windowsill?

Customer:

I will object on this is ok

Alex Watts :

Yes I would certainly do this

Alex Watts :

It would need to be properly served.

Alex Watts :

However, the fact you have it and are going shows that you knew about it

Alex Watts :

Service could be dispensed with

Alex Watts :

But I would argue it

Customer:

Ok I will try to be very humble and see if this works....Thank you very much Alex :)

Alex Watts :

No problem, good luck with this

Alex Watts :

If this answers your question might I invite you to rate my answer

Alex Watts :

If the system wont allow you please do say

Alex Watts :

If you need further help please click reply

Customer:

thank you!

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 4 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Happy to help!

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