Pre-litigation and litigation
Despite the saying according to which “a bad settlement is better than a good trial” there are situations where going to court, or simply the threat thereof, is the most efficient solution for putting an end to a dispute.
1 - Pre-litigation
Whether or not your debtor is bound to you by contract, it is sometimes necessary to remind him of his obligations.
A formal notice is the act by which a creditor formally requests a debtor to fulfill his obligation.
In the event of non-payment by a consumer, it has the effect of accruing legal interest.
It must be carefully drafted and, to be valid, must contain the following information:
- the date
- details of sender and recipient
- the words “mise en demeure
- a summary of the dispute, including a statement of the claim
- an indication of the deadline for settlement requested
- the signature of the sending creditor
externalegal drafts and sends your demand letters.
2 - Litigation
externalegal's lawyers represent and assist you throughout France in the following types of proceedings:
employment litigation (disputes relating to the performance or termination of employment contracts)
commercial litigation (recovery of unpaid debts, breach of established commercial relations, etc.)
real estate litigation (sales, rent settlement, etc.)
commercial lease litigation (disputes relating to the termination or renewal of commercial leases, determination of eviction compensation, requests for despecialization or determination of rental value, etc.)
corporate law disputes (conflicts between partners, deliberations at shareholders' meetings, etc.)
distribution law litigation (disputes relating to distribution contracts)
unfair competition (parasitism, disparagement, disorganization, imitation)
infringement actions (reproduction, imitation or total or partial use of an intellectual property right without the owner's authorization)
3 - Settlement Agreements
A settlement agreement is a contract by which the parties, through mutual concessions, put an end to a dispute that has arisen, or prevent a dispute from arising.
The contract must be drawn up in writing.
In the event of a dispute with a customer, we can sign a settlement agreement either before or during the course of legal proceedings.
In the event of a dispute with a customer, partner or supplier, we can help you to reach an amicable settlement by drawing up a memorandum of understanding reflecting the terms of the agreement reached and, in particular, the reciprocal concessions made by the parties.