Last Thursday, February 23, the Interprofessional Consular Chamber of Saint-Martin (CCISM) launched its new Expert'Ease format where a panel of lawyers answered questions from Saint-Martin business leaders.
For this first edition, the theme focused on debt (public, private and cross-border). On a territory as specific as that of Saint-Martin, the applicable law and rights can sometimes be complex between a creditor on the French side and a debtor on the Dutch side. Driven by Sandrine Jaboulet Delahaye, who adequately played the role of logistics coordinator during the event, this relevant initiative enabled a dozen business leaders to present their problem to a panel of experts made up of of four lawyers in public, private or international law: Maxime Cabrera, Lionel Armand, Alberic Mondonneix and Fabiola Julan. In the presence of Angèle Dormoy, president of the CCISM who did not fail to show her interest in the subject, Expert'Ease took place in two stages with the provision of experts and their in-depth knowledge on the subject of the debt and a moment of exchanges between all the actors. Expert'Ease provides a personalized solution thanks to the intervention of the lawyers who reminded the basics: contract in good and due form which facilitates the recovery of the debt (preferably in English and French, signed by both parties) and general conditions of sale. For the invoices, the experts underlined the importance of mentioning the legal information including the identification of the two parties, the SIRET number (identification system of the directory of establishments) and TGCA, the date (which will record the period for initiating proceedings in the event of a debt, namely 5 years for an invoice and 2 years for consumers), the price and the terms of payment. In the event of non-payment, the lawyers have listed the possible actions: formal notice by registered letter (which can also be sent by email if it is stipulated in the general conditions of the contract), the intervention of a bailiff who will act as mediator between the debtor and the creditor (ceiling of €5.000), forced recovery (faster procedure if there is no opposition) or even the classic procedure by the court of proximity to Saint-Martin, which requires the use of lawyers for both parties, which is more expensive. During the two-hour meeting, the strategies and solutions were presented to the business leaders who left satisfied and better able to manage their possible debts. _VX
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