Chapter IV: Persons responsible for the amicable recovery of debts

The provisions of this chapter apply to natural or legal persons who, on a regular or occasional basis, even on an ancillary basis, undertake the amicable recovery of debts on behalf of others, with the exception of those who do so by virtue of their professional status or within the framework of the regulations governing their profession.

The persons referred to in article R. 124-1 must provide evidence that they have taken out an insurance policy covering them against the financial consequences of any professional civil liability they may incur as a result of their activity. They must also prove that they hold an account with one of the credit institutions referred to inarticle L. 511-9 of the Monetary and Financial Code or one of the institutions…

The person responsible for the out-of-court recovery of debts may only proceed with such recovery after concluding a written agreement with the creditor in which he is given authority to collect on the creditor’s behalf. This agreement specifies in particular: 1° The basis and amount of the sums due, with a separate indication of the various elements of the debt or debts to be recovered from the debtor; 2° The…

The person responsible for amicable debt collection shall send the debtor a letter containing the following information: 1° The name or corporate name of the person in charge of amicable debt collection, his address or registered office, and an indication that he carries out amicable debt collection activities; 2° The name or corporate name of the creditor, his address or registered office; 3° The basis and amount of the principal,…

The person responsible for collection shall inform the creditor that he has obtained even partial payment from the debtor, unless the payment results from the execution of an instalment payment agreement already known to the creditor. Unless otherwise agreed, the person responsible for collection will also keep the creditor informed of any proposal by the debtor to discharge his obligation by a means other than immediate payment of the sum…

A receipt is given to the debtor for all payments. Unless otherwise agreed, funds received by the debt collector are repaid within one month of actual receipt.

Any person carrying out the activity referred to in article R. 124-1 is liable to the fine provided for in article 131-13, 5° of the French Penal Code for fifth-class offences: 1° Failing to comply with the obligations set out in article R. 124-2 ; 2° Omit one of the mentions provided for in Article R. 124-4 in the letter sent to the debtor. In the event of a repeat…