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I am a credior of a registered judgment in France. I am

 
TKenney, Ph.D.'s Avatar
  • Answered by:TKenney, Ph.D.
  • French Attorney (Avocat à la Cour)
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Customer Question

I am a credior of a registered judgment in France.

I am now going to sell the home of the judgment debtor by judicial auction.

Please can you tell me

1. - in percentage terms on the reserve price what costs I have to pay if the reserve price is not beaten

2. what sums I have to pay if I make an over-reach bid

 

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Country relating to Question: France

Submitted: 260 days and 3 hours ago.
Category: French Law
Value: £29
Status: CLOSED

Accepted Answer

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Expert:  TKenney, Ph.D. replied 259 days and 22 hours ago.


TKenney, Ph.D. :

Hello, 1) If the reserve price is not beaten, what you will have to pay will be your lawyer's fees. But you will have a court decision that states that the debtor is to pay your attorney fees. So you will have to garnish the bank account of the debtor.

TKenney, Ph.D. :

2) If you make a bit, you will have to pay the full amount if there are other credtors (a list of creditors by order of priority), like a bank (mortgage) etc.

Customer :

Thank you.

Customer :

I have a further question - for which I expect you to charge-

Customer :

If I pay off the creditors - they are small before the auction- then I assume I will only have to pay my lawyers fees and the related costs of having the flat transferred to me?

Customer :

If this is correct please can you refer me to the legislation or court rules or case law which supports this proposition?

TKenney, Ph.D. :

I am glad I was able to answer your first question. Can you please rate my first answer positively, otherwise I shall not get any credit for my work. Then I will answer your second question, you will have to post it. If you wantr to give me a bonus, feel free to do so. Also, I shall be happy to answer any follow-up question you might have afterward and likewise you will have to rate me again after you will have received my answer to your follow-up question.

Expert TypeFrench Attorney (Avocat à la Cour)
Category: French Law
Pos. Feedback: 96.0 %
Accepts: 688
Answered: 8/7/2012

Experience: Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US

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