French company in voluntary liquidation owes me money - what are my chances?

[Cirrus]

Three years ago in October 2007 I took my former employer to the Prud'homme for unfair dismissal. After about eighteen months of litigation, I won the case and was awarded damages.

Unfortunately there was a simple error in the Prud'hommes judgement, so that about a third of the damages were omitted from the "condamnation". My former employer paid the major part of the damages, but failed to pay the omission from the "condamnation". I was therefore forced to litigate again for a "rectification material" - normally a formality. My former employer even sent a letter apologising for the error and promised to pay by November 2009. My avocat therefore advised withdrawing the further litigation, which I duly did.

However, my former employer sold the company just before the deadline for his promise. The new owner disregarded this promise, so I had to resubmit the appeal for "rectification material". The new owner used every trick his lawyer could find to delay the appeal for nearly a year.

Finally the appeal came before the Prud'homme yesterday (25 Oct 2010 - three years after my initial claim!) - and I won again, this time with puntive damages awarded to me.

My lawyer has done a search on the solvency of the adverse party, and has found that they went into voluntary liquidation shortly before my final appeal was heard.

So what are my chances of finally receiving the sums owed to me?

My suspicion is that the voluntary liquidaton was not related to my appeal, and was more likely because the new owner wished to merge the French company with his existing German company - their websites are now unified. However, this is only a guess on my part.

So if the French company has gone into voluntary liquidation, will the debts be passed to the German parent company?

[NormanH]

Your chances are NIL.

Get on with it and go forward

[Stan Streason]

In the UK there are at least 2 types of liquidation.  A Members voluntary liquidation and an insolvent liquidation.  A members voluntary is normally a solvent company which needs to be closed down for admin or good housekeeping reasons.  All creditors get paid, the owners issue a certificate of solvency then any residual is paid back to the shareholders.

An insolvent liquidation is when a company cannot pay its creditors who end up getting only very little if anything of what they are owed.

In any case you need to register your debt with the liquidator so he is aware you are owed something.

[velcorin]

Check BODACC with the business name.

I need you to more specific about about the type of insolvency (Sauvegarde/redressement judicaire/liquidation judicaire)

On the positive salarys and some employment related items are ranked highest, if it is an LJ. However, you need to find the court which is dealing with the matter, and contact the appointed officer ASAP, as there is a time bar.

[Cirrus]

It is not a Liquidation Judicaire - I have checked that. The exact wording is that the company "a été dissoute amiablement".

The new owners have changed the name of the company, and it appears to be continuing to trade - the office is still open and staffed, website is still open. Would they need to go into voluntary liquidation to change the name of the company?