Legalities for unpaid bills for a Travailleur Independant?

[Kiras_Back]

I was with my accountant this morning and she doesn't know of a law that might exist for someone like me - a prof liberale (independant).  I'm registered as a EURL (simplifie) and have been for over 3 years now.  However some (English) clients of mine have been refusing to pay since early summer and it's now beyond a joke - cotisations NEED to be paid!

Can anyone help me on the French law which applies to me; there must be an Article like with builders - where you can apply an interest charge to a late payment?

Thanks!

Kira

[Viv]

If you have agreed a time when they should have paid and they haven't, I would send them a copy of the invoice with a polite but firm letter asking for payment within the week and state that you will take legal action if they don't pay. Send it recorded delivery, wait for response and if they don't pay up, take it up with the hussiers.

I don't know about interest for late payment, but that's academic anyway if they aren't going to pay. I would start the ball rolling to recover the actual money you are owed... you can always mention 'costs' in your letter.

[Kiras_Back]

Thanks Diva

Just sent a letter to the UK 'accuse de reception' to them having already sent a firm letter this morning politely saying that they seemed to have 'overlooked' the payment - they are in France at the moment and certainly know that they haven't overlooked it ... but to be polite :)  I've asked for payment in 7 days which after 3 months of waiting I think is fair & reasonable!

I think I'll send a second letter if needed in 10 days to give them some time and then it's onto the Hussiers - any ideas of costs on that one?

Kira

[Viv]

We had a hussiers notice served on us last year, long story but we didn't owe the bloke a bean. The extra costs for this action that the so called aggrieved person wanted to pay amounted to less than €200;

[Will]

As the client is in Britain, you can always use a UK debt collector - I have done this from France, and got a fair proportion back before the former client went bankrupt.

The sum will go on your annual accounts as a bad debt, and thus will be offset against your profits, and hence, if I (and my accountant) understand it correctly, you will not have to pay tax or cotisations on any part outstanding. Or, to be more exact, future cotisations should be adjusted to take it into account because it will probably show up as an overpayment for th current year.

[Kiras_Back]

Thanks, some useful thoughts in there; I've got well over 1,000euros outstanding and all my cotisations pouring in at the moment so having a 3 month overdue bill I'm understandably a little concerned for my future!

I had another last year when a former client went bust (a French firm) and still have that outstanding but that's in the low hundreds and my accountant didn't even put it into last years figures as it didn't go through the books at all.  As a SARL he had the whole company dealt with by one firm; salaries came first, I was obviously at the bottom of the list!

Kira