Lehaut Posted October 15, 2016 Share Posted October 15, 2016 On the off chance, has anyone taken a tenant to court in France through the Tribunal d'Instance. We have a case against our tenant, backed up by a Hussier's Constat. Have looked up how to proceed on line, just wondered if anyone has had personal experience.Hoping it will be like "defaulters"! Link to comment Share on other sites More sharing options...
NormanH Posted October 15, 2016 Share Posted October 15, 2016 I have had some bad experiences, but the tenants concerned have all left before it got to court.Don't forget that if you want to get them out the winter trêve begins on the 1st November and even if the court finds in your favour you won't be able to get them out during ithttp://droit-finances.commentcamarche.net/faq/7730-treve-hivernale-et-expulsion-dates-et-locataires-proteges Link to comment Share on other sites More sharing options...
idun Posted October 15, 2016 Share Posted October 15, 2016 Our only experience of the Tribunal d'Instance is concerning nationalty issues. The staff were atrocious, the judges, or is it magistrates were OK. Although Hollande has been rocking the boat with french judiciary this week[Www], doesn't think much of them! Link to comment Share on other sites More sharing options...
Lehaut Posted October 15, 2016 Author Share Posted October 15, 2016 Yes, NormanH, we know about the Trêve for winter. Have been trying for several years to get the other tenants to give their witness statements. Have got the whole thing together too late to get her out this year, but as I understand the system, there is nothing preventing us to get the judgement done during this period for an eviction 1 April 2017.The Huissier seems less than efficient. Link to comment Share on other sites More sharing options...
Chancer Posted October 15, 2016 Share Posted October 15, 2016 One of my running group is a huissier, if you have any specific questions then I could ask him. Link to comment Share on other sites More sharing options...
NormanH Posted October 15, 2016 Share Posted October 15, 2016 It can be a nightmare.You are right that the judgement can be given over the winter, and in fact the sooner the better since the tenants may appeal however unlikely they are to win and that can delay the expulsion.In the worst case I heard of the process took the whole summer so that by the time the result came through the second trêve had started.I am sure you will be ok, but push ahead to get a judgement with that possibility in mind.I have 'won' twice in other cases in France (not the TGI) and in each case the 'losers' got away with it by low cunning. Once by declaring himself bankrupt and in the second claiming that he was unfit to plead, although he had been sane enough to hot-wire my mobility scooter 3 days before...So don't just count on the lawyers. Link to comment Share on other sites More sharing options...
Lehaut Posted October 16, 2016 Author Share Posted October 16, 2016 Thanks for the offer Chancer. We are seeing out Hussier on Tuesday, with all the documentation we have, to arrange the date. If anything comes out of that I will ask.NormanH, our tenant may be a horder and mentally ill, but money is not a problem. Last time we met so she could pay 8 months back rent, she left her Bank Statement on the table €80,000 in the current account! We are pushing to get a judgement. Link to comment Share on other sites More sharing options...
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