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Negotiation, transaction, legal procedure:

2021/04/21 16:31 (GMT)

A Czech industrial manufacturer and Cabinet d’Ormane customer delivered parts for civil engineering machines to a French company, a subsidiary of a major international group. The contract amounted to €28,000. After quality controls, the company refused to accept the delivery declaring that they had enough stock and the recession rendered these parts useless!

After several months of discussions between the Czech company and its customer, Cabinet d’Ormane embarked on the mission of collecting this debt.

• From an amicable approach to legal proceedings

To accelerate collection of the debt, our Cabinet’s first approach was an amicable agreement. No such luck. The debtor still refused to accept delivery of the manufactured parts, contrary to his order.With all the supporting documents, Cabinet d’Ormane launched legal proceedings.

• Will the debtor use all possible legal recourse to delay payment?

The only potential risk identified was the debtor’s possible plan to deny his obligations through some abusive use of the French legal system.Luckily, this risk did not become a reality because Cabinet d’Ormane presented decisive and supported arguments to the legal representative of the debtor.

• The pertinence and speed of the Cabinet d’Ormane solution.

As soon as our bailiff had informed us of the Commercial Court’s payment injunction order, the legal department of the French company paid the debt. It had previously received the guarantee of part delivery immediately after payment of the debt.

To conclude:

The case was quickly resolved to our customer’s satisfaction, proven by evidence, our ability to successfully act in an international environment whatever the size of the company in debt, including global industrial groups.The logic of the biggest being the strongest disappears when faced with clear and supported application of the law

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