Filing an over-indebtedness file does not extend the legal period during which creditors can sue a debtor, ruled the Court of Cassation on 1 June. The legal delay of foreclosure is not interrupted by the seizin of the Commission of overindebtedness , reports this Wednesday the World of the Figure .
A conflict between the debtor and the creditor
As a reminder, consumer credit rose + 4.1% in France in 2017. The French borrowed 20.1 billion dollars this year, including in the form of personal loans , according to the figures. of the French Association of Financial Companies (ASF) published last August. However, not all borrowers can repay. Individuals can then file an over-indebtedness file.
In this context, an indebted Frenchman can not argue the filing of his file to block a legal injunction to repay. This decision of the Court of Cassation concludes a dispute that lasted nearly 9 years between a debtor and his creditor. The debtor objected to the decision of a magistrate of a district court, which enjoined him to pay his creditor. The Court of Appeal of Paris (Ile-de-France) had broken this injunction.
2 years to claim the payment of a debt
The Court of Appeal had stated that ” the two-year period, which began on the date of the first unpaid payment incident on 19 December 2008, was interrupted by the debtor’s seizure of the debt commission on 30 December 2008. March 2010 “. As a reminder, the right of foreclosure authorizes the creditor to claim the payment of its debt until 2 years after the first incident of unregulated payment of a consumer credit.
The credit company could no longer demand repayment of the sums lent. The Court of Cassation upheld this decision, and thus revalidated the first judgment handed down to the district court. According to the magistrates, the Court of Appeal of Paris violated articles L. 331-7 and L. 311-52, paragraph 1, of the code of consumption . These two pieces of legislation make it possible to rule that the biennial right of foreclosure is not interrupted with the filing of an over-indebtedness file.