barneysfriends Posted May 22, 2008 Share Posted May 22, 2008 has anyone had any experience of making a small claim through the 'Tribunal D'Instance'? I think I have it sussed, but my french isnt that good and there may be some tips on getting it right. As far as I understand, I fill in the the form, with a covering letter, and documents to support my claim. And simply send it off to my local tribunal (Melle)....sounds too easy! Link to comment Share on other sites More sharing options...
woody234 Posted May 23, 2008 Share Posted May 23, 2008 are you claiming for a personal injury Link to comment Share on other sites More sharing options...
barneysfriends Posted May 24, 2008 Author Share Posted May 24, 2008 No....its an insurance prob. 'Artisan', a brit, who did some work in our house and whilst here, damaged some wooden floors. To repair is below his excess on his liability insurance and he doesnt want to pay. As a consession, we agreed for an independent expert to look at the floor. He suggested its best left alone, but that we should be paid 'forfait' for the damage. 'Artisan' still wont pay. We want to try to make him pay! Link to comment Share on other sites More sharing options...
woody234 Posted May 24, 2008 Share Posted May 24, 2008 Do you know where he lives Link to comment Share on other sites More sharing options...
barneysfriends Posted May 24, 2008 Author Share Posted May 24, 2008 we do.... Link to comment Share on other sites More sharing options...
Clair Posted May 24, 2008 Share Posted May 24, 2008 [quote user="barneysfriends"]has anyone had any experience of making a small claim through the 'Tribunal D'Instance'? I think I have it sussed, but my french isnt that good and there may be some tips on getting it right. As far as I understand, I fill in the the form, with a covering letter, and documents to support my claim. And simply send it off to my local tribunal (Melle)....sounds too easy![/quote]You can download the form and its information notice here http://www.vos-droits.justice.gouv.fr/. You do not need a covering letterYou can also simply write a letter explaining the facts.If writing a letter, do remember to give your details as well as the other party's and enclose a copy of all the bills, reports, etc... supporting your claim.Send your claim to the tribunal nearest the other party's registered offices.You will be sent a copy of the judge's decision.If the judge rules in your favour, you have 6 months to contact a bailiff (huissier) registred in the same area as the tribunal. The bailiff contacts the other party who has one month to contest the judgement. Link to comment Share on other sites More sharing options...
barneysfriends Posted May 25, 2008 Author Share Posted May 25, 2008 Thank you for thus. Its very helpful. We went to the Tribunal d'Instance office, just to see if they had an information desk. The lady there was great and very informative. We can apply for a free consultation with an avocat, for their advice on taking our case further and which route to use. I expect they offer this to reduce receiving forms that are not appropriate for the case. The aplication process takes 2 weeks, she said, so we are going to give that a try.....watch this space! Link to comment Share on other sites More sharing options...
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