... TO OVERCOMING DIFFICULTIES MANAGING OVERDUE PAYMENTS The amicable solution Offer payment terms to enable customers to spread their debt, get them to accept instalments which they undertake to pay on the due dates, etc. Mediation In the event of a disagreement with a customer over the terms of a sale or the performance of a service, but also within the company in the event of disagreement between partners, conflicts between employees or tension between employees and management... Public mediation for businesses This is a free scheme to help resolve disputes in contractual relationships. A request is submitted, studied and then forwarded to a mediator who will contact the mediated parties concerned within 7 days to organise mediation on a voluntary basis. Legal proceedings involving an order for payment It applies to small amounts (< XPF 1.5 M - €12,500) and to unpaid instalments. This simplified legal procedure works as follows: - Gather evidence (quotes, invoices, dunning letters) - Apply for an order for payment (to the relevant court) - The judge issues an order for payment to be served by bailiff on the debtor, who then has 1 month to contest the order. - If there is no objection, an enforceable requisition must be sent to the judge. - The judge makes the order for payment enforceable, and the debtor can no longer appeal against or oppose it; if the debtor does not pay, his assets may be seized to repay the debt. Legal proceedings conducted by a lawyer For larger sums, it is advisable to use either a firm specialising in debt collection or a lawyer who will defend the case. 9 - SETTING UP A BUSINESS: INSTRUCTIONS FOR USE 97
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