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 To be over-indebted, it is what ?
The majority of the French is involved in debt with measurement by taking account of her real needs and her budgetary capacities.
Refunding should not exceed 33% of the monthly incomes.
But certain households engage inconsiderately, often in the urgency, the infernal gears of enticing but expensive offers.
That does not arrive only at the others Contrary to the generally accepted ideas, the compulsive consumer who resorts to the credit without reflecting is minority.
Risks of the life (divorce, accident, unemployment, disease…) can unbalance the most solid situations. The appropriations accumulate and the load becomes too heavy.
How to leave there? If you feel choked, do not hesitate to call upon
professionals and installation a device of reorganization.
Objective: To refund the whole of your appropriations over one duration adapted to your incomes.
If you wish it, we can also include an additional treasury. Result: You do not have any more that only one monthly payment reduced (up to 60%) and you can look at the future with confidence.
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The over-indebtedness A person known as is surendettée when its financial standing does not enable him any more to assume the appropriations which it contracted.
One often finds oneself obliged to subscribe of new appropriations to assume the recurring expenses, which causes a situation of which it is difficult to leave and who can lead, if one does not react, to the seizure of his wages and the auction sale of his goods !
Before arriving from there there, two solutions are possible.
The reorganization of your debts Not to sink in the over-indebtedness, it is highly advised, when your financial standing and professional still allows it, to plan the solution of a total repurchase of all your appropriations in order to re-spread your debts and to give a new rise to your budget.
To set up a file of over-indebtedness by approaching the commission concerning over-indebtedness In which cases can one approach the commission concerning over-indebtedness ?
You must be surendetté The over-indebtedness is impossibility of facing the whole of your exigible nonprofessional debts and to fall. You raise of the procedure of over-indebtedness only if you are in a financial standing engraves, i.e. that you do not manage any more to refund your debts.
Concept of over-indebtedness It is advised to you, before the engagement of this procedure, to ask rééchelonnements of debt or terms of payment near your creditors.
A momentary difficulty is insufficient to be in over-indebted.
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 The procedure of over-indebtedness is reserved to the physical people (and not for the companies), residing in France, and at the personal debts contracted on the French ground.
It concerns also the people of French nationality, domiciled out of France, and who contracted nonprofessional debts near creditors established in France.
Conditions You must show your engagement with respect to the procedure of over-indebtedness.
For example, you can be regarded as being insincerely if you worsened your debt, or if you diverted or dissimulated or tried to divert or dissimulate whole or part of your goods.
Nonprofessional Debts Generally, must be regarded as nonprofessional any debt not having a direct or indirect relationship with your economic activity.
If you are farmers, tradesmen, craftsmen, heads of undertaking, you must thus have recourse to particular procedures.
The nonprofessional debts are said of household and can be: Banking debts but also of the debts related to any load of the everyday life (back rents, unpaid invoices).
Caution: the alimony and the tax liabilities are regarded as priority debts.
In addition to the difficulties present, the commission also takes into account the foreseeable difficulties which you can undergo.
It must thus also retain the files in which the situation does not appear as irremediable but will become it in the near future (if unforeseen events, for example, deprive to you of certain incomes, you will not be able, thereafter, to face all your expenditure more).
How to approach the commission concerning over-indebtedness and how to initiate the procedure?
The procedure of over-indebtedness is entirely free. You address to the branch bank of France of your department, near of your residence.
You Get a file of declaration of over-indebtedness. The operating mode of the Commission of over-indebtedness is very rigorous and severe:
it revalues incomes and re-spreads debts of person surendettée while leaving him only minimum vital (in other words at least the equivalent of the RMI, raised of 50% if the person lives in couple), and can force to him to sell some of its goods (car, real estate, etc) or to resolve a possible saving.
See seized sums. The file can be seen rejected by the Commission, which does not manage to find an agreement with the creditors.
In this case, a moratorium (freezing of the debts) can be decided, for one duration maximum three years. In the extreme situations of financial despair, the debts can be unobtrusive.
But this case of figure remains very rare. Moreover, the person concerned is then driven at the Bank of France for eight years.
Leave the over-indebtedness Refund less -----> repurchase of appropriations
Repurchase of appropriations -------> Divide by 2 or 3 your monthly payments Benefit from the fall of the rates with your repurchase of appropriations Repurchase of appropriations only in Metropolitan France
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Pour tous renseignements:
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