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The seizure of the debt commission

exists Commission indebtedness in each department. The Secretariat of the Commission is provided by the branch of the Bank of France the debtor's domicile.

To refer to the Commission, the debtor must be a file Declaration indebtedness that will be sent by regular mail or deposited with the secretariat of the Commission.

This folder should contain indebtedness the following information:

• the family composition (photocopy of the Family ...)
• income (salary slips, Assedic Family Allowances Fund ...)
• the assets (Cars, Real Estate , including Savings Savings Plan Company ...)
• expenses (photocopies of rent receipts, Income Tax, Property Tax, Housing and TV license, Insurance ...)
• the bank statements, all debts
• should be mentioned, both the tax debts, delays rent, rental fees (...) the mortgages, personal revolving credit (...) made with financial institutions.

Within 48 hours after the filing of a record indebtedness, the secretariat of the Committee shall send a certificate of deposit and advised the debtor to file its FILING National Incident repayment of Loans to Individuals ( FICP ) for a period of 36 months .

Note that the secretariat of the Commission can not refuse record indebtedness, even if the debtor risk (with varying degrees of certainty) to be declared inadmissible in the proceedings.

that filing a record of indebtedness does not prevent you from paying creditors, and it is advisable to inform them of the procedure and send them a copy of the certificate of deposit (the creditors are not officially notified the secretariat of the Commission when filing a record of indebtedness).

data file used to analyze the situation of the applicant, named debtor :

• calculate the capacity Refund defined as the Bank of France (total resources less amount of expenses that are a mix between fixed and actual expenses)
• define the garnishable portion, which is a calculation defined by law : amount of resources - remains to Live, which is equal to a percentage of resources. If
  repayment capacity (VC) can be negative, garnishable portion will always be positive. The lowest amount between the CR and the QS is selected by the secretariat of the Commission.
• determine the overall debt of the debtor .

The Insolvency Commission of each department shall meet at least once a month. The commission is composed of 6 members is chaired by the Prefect (actually, one of his representatives). Are present the Paymaster General (who is vice chairman), the Director of Tax Services, the representative of the Banks, consumer groups or family, the Bank of France, and 2 personalities involved in an advisory and supporting degree experience in the legal field and in the field of social and family economics. In case of equality the chairman counts double.

How to apply?

You must contact by mail or file an application signed by you, the secretariat of the committee of your department.

Your application must contain the following information:

• your name, address and telephone
• your family situation (single, married (e), PACS (e) ...);
• your housing (owner , tenant, housing ...)
• the amount of your resources (salaries, allowances ...), your assets (property, savings ...)
• your total debt (Reporting late payment of rent, tax arrears, personal loans repay ...) and your current expenses (bills, childcare costs, school canteens ...)
• the names and addresses of your creditors;
• the name and address of your potential sureties ...

Your record must be completed documentation (photocopies) relating to your identity, your income and expenses.

• The information you provide to the debt commission are confidential.
• You must provide a list of all your creditors. In fact, if you forget to indicate some of the decisions the commission will not be applied to them, and they can continue their lawsuits against you (your seized assets for example).
• Declare ALL your assets and ALL your income. Otherwise, you would not have the right to benefit from treatment measures of over-indebtedness.

Your application may be accompanied by a form letter of referral to the Committee

Panel Secretariat
of debt distress (department)

Banque de France (city)
(Address

I hereby (full name) residing at (address and telephone) seeks to benefit from the procedure for handling situations of indebtedness provided for in Articles L331-1 et seq consumption.

This request is justified by the fact that I can deal with my debts.
(Describe your family situation here debts, your resources and assets) .

I am at your disposal for any further information relevant to the investigation of my case.

Done at ... on ...

(Signature)

How is the procedure before the commission?

1 - The committee informs you that she has received your request.

2 - It may ask you to come in person or you can request a hearing to give details on your situation. You must warn him of any event that would occur during the procedure and who have financial consequences for you, such a dismissal, a seizure (the commission may ask the judge to suspend), a new job.

3 - The committee has nine months to investigate your case and tell you if it is accepted or not.

• If the commission refuses your application, it means that your financial situation does not justify the application of a treatment measure of indebtedness.
• If the committee accepts your case, that means you can benefit from able to deal with situations of indebtedness.