Morality inquiry

INVESTIG CORP Private Investigator conducts morality investigations on companies and individuals. As part of the collection of information before strategic decision-making, INVESTIG CORP PI informs its customers about the key points that have been previously defined.

Morality inquiry on society

A morality inquiry into a society begins with the scrupulous study of the composition of its social capital. The presence of suspicious personalities, investment funds jumpers or from networks unsavory alert on the morality of the company.

Subsequently, the company’s managers are listed and research is conducted to trace their course and identify any disputes.

Also, investigations are carried out about the company’s activity, its suppliers and subcontractors, money laundering risks are assessed and the company’s ethics are assessed globally.

Finally, research is carried out on possible convictions of the company on the civil, commercial, administrative or criminal.

Investigation of morality on physical person

A morality survey on a natural person begins with the collection of information on the degree course and the career path of the subject.

His graduate studies are verified, as are his positions and responsibilities. The information collected is compared with that provided by the target of the survey where appropriate.

His morality in his work, his management and possible disputes with his employers are also studied.

Finally, the person’s assets are checked to assess the consistency with their income. In case of anomaly, extensive research is conducted to find out the origin.

Contact INVESTIG Corp Private Investigator by phone on +33 1 88 33 50 55.

Bailiff

Because bailiff and private detective have to get in the habit of working more together, a little article on the subject.

The complementarity of the bailiff and the private detective

The bailiff and the private detective can be very complementary. Often neglected, the added value of a private investigator for a bailiff is however real: search for people, help with the recovery of debts, preparation of report or seizure in particular.

It is for this purpose that we offer a summary of the fields of competence of a detective for a bailiff.

Location of debtor, natural person or legal person

Whether to issue a subpoena, proceed to service of a judicial act, or to start taking enforcement action, locate the addressee of his act is a prerequisite for the bailiff.

In the most difficult cases and when the amounts involved are substantial, it can be very relevant for a bailiff and his client to hire the services of a private investigator.

The only professional authorized to collect information “even without mentioning its quality or revealing the purpose of its mission”, few people are able to escape the investigations of private detectives.

Debt recovery assistance

The logical consequence of a trial won is therefore to proceed to enforcement measures if the other party does not show diligence.

Bailiffs have access to the FICOBA national bank account and similar files, unlike private investigators. In addition, the response time for each of their requests has significantly shortened since December 2010 since the results are available the day after their request and available for 3 days.

However, the FICOBA file is updated twice a year by the General Directorate of Public Finance (DGFIP).

Also, seizure-allocations sometimes report closed or debtor accounts. Therefore the detective is still an important match by the bailiff to obtain bank domiciliation up to date and to know which day to enter the seizure (which day the company pays wages to its employees?)

Finally, acts of forced execution is not limited to seizure and a private detective agency can bring you all his expertise to practice a seizure on salary, seizure or seizure real estate.

Preparation of report

The finding is another important activity of the bailiffs and for which the private detective will be able to bring all his know-how.

Whether for a finding in real estate (under-occupancy of premises, sublease …), in family matters (condition of custody of children, adultery …) or in the field of intellectual property (preparation of purchase report or de seizure counterfeit), the private detective can have a real added value:

  •     when to intervene? what day and what time?
  •     how to access the premises and make them accessible?
  •     where are the material or physical elements that are the subject of the report? and how to make sure that they will be there on D-day?

Contact INVESTIG CORP Private investigator by phone on +33 (0) 1 88 33 50 55.

Private investigator and lawyer

The professions of private investigator and lawyer are particularly complementary to the extent that an advocacy file must be supported by indisputable evidence and obtained fairly.

In civil matters, Article 9 of the Code of Civil Procedure provides that the evidence necessary for the success of their claims lies with the parties.
Private investigator brings the necessary evidence to the lawyer

A magistrate decides on the evidence presented by each party. Also, when the lawyer’s client has difficulty proving what he says, the demonstration is necessarily impoverished and the trial may be lost.

Thus the intervention of a private detective then appears indispensable.

Subject to professional secrecy, the private investigator is entitled to receive from the lawyer or his client confidential information related to the dispute and constitutes:

    “One of the privileged actors of the very effectiveness of the rights of the defense”

Opinion n ° 2008-135 of September 21, 2009 of National Commission of ethics of the security

If the detective can support a case for a procedure already started, the use of an investigator can just as easily help to move from mere suspicion to the establishment of evidence to initiate a lawsuit.

Investigative report of private investigator is producible in court

In any case, its investigative power will help the manifestation of the truth through the collection of evidence in a legal and discreet manner. This information will be the subject of a fully admissible investigation report that will effectively support the lawyer’s findings.

The case law on the admissibility of a private detective report has been consistent since the Torino judgment of the 2nd Civil Division of the Court of Cassation dated November 7, 1962 (No. 1020, Brunet v. Garnier).

The field of intervention of the private detective is particularly wide since it can intervene in all civil matters, family, salary or commercial.

Its action is also formidable in the context of Article 145 of the Code of Civil Procedure which provides that the judge may order certain pre-trial investigation measures:

    “If there is a legitimate reason for keeping or establishing before any trial the factual evidence that could be relied upon in the solution of a dispute …”.

The report of the private investigator can effectively support the applicant in his demonstration by bringing together a set of concordant indices concerning, for example, the activities of a competitor or the actions of an employee (past or present).

Private Lawyer-Private Collaboration

It is fundamental that the lawyer and the private investigator communicate clearly and together define a strategy adapted to the needs of the case, in particular according to the competent jurisdiction.

Indeed, the provision of evidence in commercial, social or criminal matters differs considerably and it is imperative to coordinate the actions of the detective and the lawyer.

Thanks to its expertise and reliability, INVESTIG Corp Private Investigator agency has a privileged relationship with many law firms for many years.

Remember that it is imperative to call a detective with the necessary approvals and authorizations, failing which the evidence collected will not be admissible before a magistrate.

Contact INVESTIG Corp Private Investigator by phone on +33 1 88 33 50 55 .

Spinning

Spinning remains one of the main means of investigation of the private detective although the techniques and means of investigation have been much diversified, notably thanks to the multiplication of the databases and to the evolution of the technological means.

Also, depending on the needs of the file and the means of investigation available, spinning should be preferred.

Walking spinning or motorized spinning

The means put in place for the spinning of a person requires to adapt to its modes of transport. Thus, it would not be clever to spin someone in a car while walking on foot. In this case, spinning is necessary.

In general, the mode of spinning privileged by the private detective is the exact copy of the means of transport of the spun person: a walking and public transit target is spun on foot and by public transport, a target in two motorized wheels is spun in two motorized wheels, a target bike is spun by bike (or two motorized wheels) …

Urban spinning and spinning in the open country

The spinning of a car depends on the environment in which the target moves. If the target moves in urban areas, a two-wheeler is preferred because it goes unnoticed and can more easily cope with heavy traffic. This is even imperative if the target is traveling by taxi because a car can not travel in the lanes reserved for them.

On the other hand, in rural or peri-urban areas, a car is preferred for spinning a car. Indeed, the number of two-wheelers outside cities is reduced and a spinner in two-wheelers may attract attention.

This is all the more true that before the departure of spinning and the arrival of a spinning mill, the wait is often long and a biker who is waiting for hours near a home or a place work is difficult to overlook.

Association of several spinners

It should be noted that the means of locomotion of the population have experienced a revolution with the emergence of UBER and other companies of VTC. With the gradual disappearance of private vehicles in major cities, habits and means of transport have changed, a mode of travel is sometimes chosen at the very last moment.

Thus, it is not uncommon to use in the same week public transport, a VTC and his personal vehicle.

Also, the private investigator had to adapt to these upheavals. Consequently, in urban areas in particular, in order to anticipate various means of transport, the private detective agency INVESTIG Corp puts several spinners in place with different means of locomotion.

This combination of different spinning modes helps to prevent any eventuality and considerably reduces the risk of loss of the person being followed. In addition, the presence of several spinners offers better observation points for monitoring before and after spinning.

Moreover, the presence of several spinners for a spinning in an airport or a station is essential.

Finally, remember that the use of GPS beacons as an aid to spinning is prohibited and that the private detective is the only professional legally authorized to carry out spinning mills.

Private Investigator’s Investigation Report

At the end of his investigations, the private investigator writes an investigation report which comes to close his work. This written report, given to the client or his lawyer, may be purely informational and for strategic purposes, or may be intended to be produced in court.

Nature of a private investigator investigation report

The purpose of the investigation report will depend on the form it takes. If the report is intended to be produced in court, it must be precise, detailed and detailed to prove to the magistrate that the investigation is serious and objective, that is to say without modification or interpretation.

This detective report is a decisive and strategic lever for defending its interests in court. However, in order to be able to be debated before a court, it must respect certain rules both in substance and in form.

Thus, the detective author of the report, or the officer of the agency that employs him, must be identifiable and duly authorized to engage in private research activity.

Admissibility in court of investigative report of a private detective

Even if it is not established contradictorily, the Court of Cassation very early consecrated the admissibility in court of the investigation report in a judgment dating from 1962 by approving a Court of Appeal having pronounced a divorce in based on a spinning report :

“Criticizes the judgment to have pronounced the divorce, to the wrongs of lady x …, relying only on the depositions of detectives, appointees by her husband, without answering the conclusions of lady X”

Cass, 2nd Civ, November 7, 1962, No. 1020, Brunet v. Garnier, the Torino judgment

    “The judgment is noted, both for its own reasons and by those it adopts, that lady x … had not produced any element contradicting the specific facts related by the people in charge of its spinning, whose statements were imprinted no animosity; “

Cass, 2nd Civ, November 7, 1962, No. 1020, Brunet v. Garnier, the Torino judgment

In the name of the principle of freedom of evidence, the investigative report of a private detective is thus considered in the same way as any other means of proof and its assessment is left to the magistrate who will be in charge of examining it. (Article 1382 of the Civil Code, formerly 1353). In doing so, the judge must ensure the fairness of the evidence and will have to dismiss the report if the elements obtained have been by fraudulent or illicit maneuvers.

Respect for privacy in a private investigator’s report

Violations of privacy are the most common pitfall for the admissibility of investigation reports. In accordance with Article 9 of the Civil Code and Article 8 of the ECHR, the production of evidence can not disproportionately affect respect for the private life of individuals with regard to the objective pursued.

It should be remembered that, conversely, infringements of privacy are allowed if they are essential to the exercise of the law of evidence and proportionate to the aim pursued :

    “The right to evidence can only justify the production of elements that infringe upon privacy provided that such production is indispensable to the exercise of that right and that the infringement is proportionate to the aim pursued; “

Cass, 1st Civ, of 25 February 2016

Everything is thus a matter of proportionality and it is up to the detective to define the exact legal framework of his intervention to precisely measure the extent of the proportionality of the evidence reported, which varies according to the nature of the case: civil, family, commercial, social insurance or insurance law.

In the area of ​​pay, it should be emphasized that the report will only be admissible before the industrial tribunals if the employee has been previously informed that supervisory measures may be implemented (Article L 1222-4 of the Code of job).

In conclusion, the admissibility of the investigation report is based on the professionalism of the private detective, who is responsible for remaining objective and perfectly in control of the legal framework of his intervention.

Real estate

The Real Estate Department of INVESTIG CORP Private Investigator collects evidence on behalf of private individuals and professionals, owners, lessors or tenants. His areas of expertise are varied: non respect of a lease law 48, rupture of abusive lease, squat or disturbance of the neighborhood.

Insufficient occupation law 48

Passed on September 1, 1948 to counter the lack of housing in France after the war, the law 48 on residential leases offers a double advantage to the tenant in title: a very low rent increase every year and the possibility of legally transmitting his lease to one of his children.

Also, the dwellings currently rented in law 48 have rents far below the market price and tenants are sometimes tempted to abuse the situation as subletting their dwelling or use it as a pied à terre or secondary residence.

Or the law provides that a tenant can benefit from housing law 48 only for his principal residence. As a result, if the dwelling is occupied less than half of the year by the tenant, the landlord is entitled to request the termination of the lease.

INVESTIG CORP Private Investigator intervenes to provide the necessary evidence to the lessor to prove that the legal rental conditions are no longer respected by the tenant.

Breach of lease abusive

If the agency INVESTIG CORP Private Investigator intervenes on behalf of the lessor in the context of the non-respect of a lease law 48, it can be mandated by a tenant in case of breach of lease abusive.

A lessor may refuse to extend the lease of his tenant in different cases and in particular when the owner or one of his parents wishes to live in the dwelling as his principal residence.

However, it turns out that the tenant sometimes reports in fine that the conditions of breach of the lease are not respected. For example, that repossessed housing is not inhabited or has been sold.

INVESTIG CORP Private Investigator then proceeds to collect the evidence necessary to defend the interests of the former tenant so that he can obtain compensation for his loss.

Expulsion of a squat

Anyone who has had to deal with the squat of his home knows how complicated this situation is to manage because the law is clearly in favor of squatters.

Also, we must react quickly to such a situation at the risk of seeing the situation drag on for several years and its good to deteriorate.

INVESTIG CORP Private Investigator brings its know-how to the owners by investigating to determine the conditions of arrival of the squatters, identifying by name the squatters present in the places then by determining when the squat is abandoned in order to recover the places as fast as possible.

Neighborhood Trouble

Relationships between neighbors can fester and lose all reason. The intervention of a third or even a magistrate becomes necessary to solve the problems.

INVESTIG CORP Private Investigator endeavors to identify the perpetrators of neighborhood disturbances and to collect evidence of the disturbances caused in order to support the allegations of his clients in order to convince the magistrate.

Contact INVESTIG CORP Private Investigator by phone on +33 1 88 33 50 55 or by using the form on the contact page.

Rental of housing

When it comes to renting residential premises, business premises or commercial premises, the INVESTIG CORP Private Investigation Agency intervenes to carry out pre-rental surveys, to help recover unpaid rent, to find a tenant who has left without paying or to collect evidence of prohibited subletting.

Pre-rental survey

To minimize the risk of unpaid, it is important to choose the right tenant to perform a pre-lease survey about it.

His personal situation is verified by the detectives of the INVESTIG CORP PI agency and the documents provided in his rental file are also analyzed and verified.

The legal existence of the company that employs it is verified, the position of the person is controlled as well as his seniority. Finally, INVESTIG CORP Private Investigator ensures that the leasing candidate does not benefit from an accomplice within the target company to deceive the lessor.

detective deprived locationCertifications are made on the surety, joint surety or simple surety: verification of direct and indirect patrimony, verification of official income…

Unpaid rent

Unpaid rent can have serious consequences, for example if a rental investment has been made and rents are supposed to cover the repayment of the mortgage.

Thus the owner can quickly end up in an uncomfortable and risky financial situation. Also, it is important to be very reactive in such a case and to recover unpaid rents as quickly as possible.

If the tenant is still in the premises, it is possible to assign him or his surety, for the payment of unpaid rent, then to execute his enforceable title.

In the case where the tenant has left the house in a hurry, at the wooden bell, or at the end of his lease without paying the full rent or causing significant damage in the room, it will find his address beforehand.

Tenant left without paying

The address search is one of the specialties of INVESTIG CORP Private Investigator. A tenant who left without paying concealed his new address to prevent his lessor from pursuing it judicially.

The first step for the recovery of unpaid rent is therefore the search for the address of the tenant left without paying. INVESTIG CORP investigators provide the results of their investigation within ten working days.

Once the new address is found, it is possible to assign the tenant in payment of unpaid rent. The search for its assets then makes it possible to proceed to the execution of an enforceable title in the event of forced execution.

Proof sublet

The subletting of any premises is prohibited unless it is expressly stated otherwise in the lease. However, it turns out that tenants regularly resort to subletting, especially since the arrival in France of rental platforms for individuals to private type Air BNB or HomeAway.

Also, many tenants sublet their home even though this is forbidden. This causes two main disadvantages: abnormal wear and tear of the living space and common areas because the occasional tenants are less respectful than a tenant in title in general, a real nuisance for the neighborhood because the comings and goings at staggered hours of the share of people responsible for luggage or alcoholic create nuisances sometimes unbearable.

INVESTIG CORP Private Investigator collects evidence of these subleases in order to defend the interests of its clients, landlords and landlords.

Contact INVESTIG CORP Private Investigator by phone on +33 1 88 33 50 55 or by using the form on the contact page.

Action in unfair competition

Responsiveness is essential in unfair competition because the evidence is perishable. Also, it is important to have a global vision of the course of an unfair competition action in order to better anticipate its defense.

How does unfair competition take place?

In case of suspicion of acts of unfair competition, it is highly recommended to seek legal advice and assistance from a private detective agency.

The action of the lawyer and the detective are inseparable: the private investigator collects the evidence of the faults committed by the adversary and the lawyer seizes the magistrates competent to defend the interests of the applicant. Let’s try to analyze step by step the course of an unfair competition action.

Collection of Evidence of Unfair Competition by the Private Investigator

action déloyale competitionThe first step to defend against unfair acts is to lift the suspicions hanging over the other side and collect the evidence.

Thus the investigation of the private detective will invalidate or confirm the suspicions of the injured company and collect evidence of any unfair practices.

This collection of information is done through surveillance and spinning mills and various other sources of information.

Upon completion of the research, a detailed, detailed and accurate investigation report is provided to the client’s counsel in support of an application for an order under section 145 CPC.

The order on article 145 of the Code of Civil Procedure

Second, on the basis of the investigator’s report prepared by the private investigator, the applicant’s lawyer seeks authorization from the competent judge to make seizures, in particular at the premises of the unfair acts.

These seizures provide complete and irrefutable evidence.

These seizures are based on Article 145 of the Code of Civil Procedure.

Seized on request and in a non-adversarial manner, the magistrate makes an order allowing a bailiff to go to the premises of the opponent.

Accompanied by the police force and computer experts, this civilian search makes it possible to make a copy of computer hard disks, as well as the seizure of documents.

Provisional measures

Eventually and in the third instance, the judge hearing the application for interim measures may be seized by subpoena in order to put an end to unfair acts by taking provisional measures or restoring them, under penalty payments.

Seizure of trial judge

In a last and fourth step, it was time to seize the competent court to have the opponent condemned to:

  •     the cessation of unfair acts under penalty due to injunctions to do or not to do
  •     compensation for damage caused by the award of damages

Which court to seize for an action in unfair competition?

As often in law, the person to be assigned will depend on the competent court.

The commercial court for traders

If the opponent is a commercial company, the commercial court is competent in accordance with Article L.721-3 of the Commercial Code.

The district court for non traders

If the opponent to be summoned is a non-commercial natural person, a civil society or an association, the Tribunal de Grande Instance (TGI) is competent in accordance with Article L.211-3 of the Code of Judicial Organization.

The Labor Court for employees

In addition, if the opponent is an employee who initiated his unfair actions in the company that pays him, the Labor Court is competent, even if these acts continued after the end of the employment contract.

NB: when a former employee does not respect his non-competition clause, we are not talking about unfair competition but about non-compliance with a non-competition clause. His contractual civil liability may be brought before the Labor Court to obtain reimbursement of the compensation paid.

Special cases

Lastly, the competent court is more difficult to determine in the presence of parties with different profiles.

Which court to seize for a former employee held by a non-competition clause who commits acts of unfair competition for the benefit of his new employer?

As a first step, the former employer must appeal to the Conseil des prud’hommes about the non-competition clause not respected. Indeed, the CPH has sole jurisdiction to decide an application concerning a contract of employment.

In a second step, the former employer must seize the commercial court to assign his competitor, and new employer of his employee.

Indeed, voluntarily employing a person held by a non-compete obligation makes the new employer an accomplice.

In fact, the commercial court stays until the decision of the industrial tribunal is rendered.

Contact INVESTIG CORP Private Investigator by phone on +33 1 88 33 50 55 or by using the form on the contact page.

Unfair competition: definition

The agency INVESTIG CORP Private Investigator is a recognized specialist in the collection of evidence regarding unfair competition. Before turning to the added value of the agency, let’s try to define what unfair competition is.

General information on unfair competition

Free competition between professionals is a fundamental principle of capitalism and market societies. However, in order to preserve moral principles and an ethic in commercial relations, the courts have held that this competition between companies must remain loyal.

The leading decision of the Paris Court of Appeal of 8 April 1842 lays the foundations of civil liability for unfair competition:

“if free competition is allowed to trade, this can only mean fair competition, and not one that would tend to harm the industry of others by means that would be disgusted with delicacy and commercial probity “.

Also, when acts of competition are not fair we speak of unfair competition.

It should be noted that there are no laws specific to the concept of unfair competition that would list wrongdoing and it is therefore the common law of tort that applies.

unfair competition definitionThe law of unfair competition essentially relies on two articles of the Civil Code: articles 1240 and 1241 (formerly 1382 and 1383 of the Civil Code):

    Article 1240 of the Civil Code: “Any fact of man, which causes damage to another, obliges him by whose fault he has succeeded in repairing it. “

    Article 1241 of the Civil Code: “Everyone is liable for the damage he has caused not only by his own act but also by his negligence or imprudence. “

Let us note the difference between the law of tort and the law of contractual liability which requires the prior signing of a contract between the parties.

In addition to these two articles of the Civil Code, the law of unfair competition is based on jurisprudence.

Conditions of civil liability in matters of unfair competition

To engage the tort liability of a third party (private or public company, association, individual …), three conditions must be met: a fault, a harm (personal, direct and certain) and a causal link between the fault and the prejudice. If and only if these three conditions are met, then third party liability may be incurred.

Fault

Any fault allows to engage the civil liability of its author, even if it is in good faith.

Examples of acts of unfair competition

In the field of competition, case law has established that there are four types of fault: confusion, disorganization, denigration and parasitism.

Confusion: acts that create confusion with a competing company

The most common unfair competition law, confusion can relate to the visual or sound identity of a company, the packaging of a product or the layout of a commercial stand.

Denigration: acts that denigrate a competing company

The denigration concerns the dissemination of information about a competitor with intent to harm.

Criticisms may be related to the competitor’s products, his call for outsourcing or his management methods, for example.

Disorganization: acts that disrupt a competing enterprise

Here are some illustrations of disloyal acts of disorganization of a company:

  •     to hire an employee who is bound by a non-competition clause while knowing that he is bound by such a clause
  •     massively dismiss employees of a competing company
  •     divert orders placed by customers of a competitor

Illicitness: Acts to obtain an unlawful competitive advantage

Companies that do not comply with applicable regulations are particularly targeted by these unfair acts (non-payment of employee social security contributions, tax evasion …).

Parasitism: acts that parasitize a company

Parasitism can consist in enjoying:

  •     the notoriety of a person for profit by placing himself in the wake of his fame
  •     the work of a third party to reduce its own investments

Injury

The existence of injury is the second fundamental condition for bringing an action in unfair competition and is easily explained to the extent that the action in unfair competition is mainly aimed at repairing the damage suffered.

The harm must always be personal, direct and certain, and not purely contingent and may be material or moral.

The agency INVESTIG CORP Private Investigator has been able to observe a propensity to diversify the damage that can be repaired through unfair competition.

In general, the damage is the loss of a clientele or contracts, and consequently a decrease in turnover.

However, other material damages may be referred to as the loss of a competitive advantage or the depreciation of a trademark.

The non-material damage concerns him an attack on the notoriety of a mark, the reputation or the probity of a company.

It should be noted that, although in theory there must be prejudice, the judges often consider that the damage is necessarily caused by acts of unfair competition found [2].

This tendency has the effect of simplifying the proof of the causal link between the fault and the harm suffered.

The causal link between fault and harm

The existence of a causal link between the fault and the injury is the third fundamental condition for engaging in unfair competition.

As noted above, the causal link may be evaluated with some flexibility by the magistrates who are used to assuming this connection if the evidence of the other elements is properly reported.

However, the Court of Cassation has broken several judgments of the Court of Appeal that have not characterized the causal link.

Indeed, a company whose turnover has been steadily declining since 2012 can not claim a possible fault of a competitor in 2019 to explain its regression.

———
[1] Court of Cassation, Commercial Chamber, March 23, 1965: Articles 1240 and 1241 of the Civil Code “… imply, inter alia, the existence … of prejudice suffered by the plaintiff …” (published in the Bulletin).
[2] Court of Cassation, Commercial Chamber, 25 January 2000 (Appeal No. 97-19957); February 25, 2003 (Appeal No. 00-19707); 3 June 2003 (Appeal No. 01-15145).

Contact INVESTIG CORP Private Investigator by phone on +33 1 88 33 50 55 or by using the form on the contact page.

Debt recovery

Although the INVESTIG CORP Private Investigation Agency is not a debt collection agency, it nonetheless works very regularly with creditors and their lawyers to help recover large amounts of money.

The INVESTIG CORP agency is asked, initially, for the search of debtor and then, for a second time, for the search for assets through its solvency investigations.

With its many successes in this area, the agency has forged a solid reputation in debt recovery assistance.

Amicable and judicial debt recovery

The first step in recovering an unpaid claim is amicable recovery. This requires regular telephone reminders to his debtor and to put him on notice to pay by registered mail with acknowledgment of receipt to provide a formal proof (this formal notice must be provided in case of legal proceedings).

If the invoices still remain unpaid, it is time to move on to the second step: collecting information about the debtor in order to proceed with a forced recovery, also known as judicial recovery.

This collection of information is necessary to ensure that the debtor has not changed address and is solvent. When a debtor has disappeared and is hiding, the agency INVESTIG CORP Private Investigator is then asked to proceed to its location.

Debtor search

recovering the debtorRecovering the debtor’s address allows him to give notice to pay, to make preliminary inquiries about him and then to summon him before the competent court.

The search of the real address of a debtor by the agency SENEX Detective is realized within ten working days in general as from the payment of the fees of provision. The less the debtor hides and the faster the search will be. The more he hides himself, uses nomads and changes his address regularly, the more searching will be tedious.

All information known by the creditor about his debtor must be communicated to the agency in order to avoid collecting information already known or to explore leads that lead to nothing.

The SENEX agency almost always finds the debtors it seeks, whether in France or internationally through its network of regular correspondents.

Solvency Investigation

After finding the address of the debtor, comes the time of the investigation of solvency. This investigation is usually done before any legal action to, first, assess whether the debtor is solvent, on the other hand, to take precautionary measures prior to any trial.

Thus, the debtor can not hide his assets or organize his insolvency during the trial.

It is difficult to assess the exact duration of a solvency investigation as each case is specific. By generalizing, a rapid survey can be conducted within ten business days of the payment of the provision fee, and a complex survey can take several weeks or even months in the case of a complex international investigation.

Taking precautionary measures before judicial recovery

In the event of judicial recovery, SENEX Détective advises its clients, when possible, to take precautionary measures. It is a question of seizing, as a precautionary measure, any liquidity or proceeding with a conservative judicial mortgage on a real estate property.

These measures are taken to the extent of the amounts owed by the debtor. Thus, the debtor can not be organized during the trial to escape, in fine, his obligations.

Moreover, from the moment when liquidity has been entered as a precautionary measure, time is of the essence of the person who blocks the money, ie the creditor.

Also, it is easier in these circumstances to negotiate in a position of strength with his opponent.

Contact INVESTIG CORP Private Investigator by phone on +33 1 88 33 50 55 or by using the form on the contact page.