Over-indebtedness: when to build a file?
Unpaid housing, taxes, mortgage payments or consumer… When debts take precedence over the household budget, the filing of an over-indebtedness file with the Francia Bank is required. A last chance solution that should not make us forget that it is crucial to anticipate this type of situation, especially through the purchase of credit.
Over-indebtedness: what is it?
According to Articles L. 711-1 and L. 712-2 of the Consumer Code, “the situation of over-indebtedness is characterized by the manifest impossibility of facing all of its non-professional debts due and due”. In this case, a person is over-indebted when they can no longer pay rent, current bills and / or monthly mortgage payments / consumer loan. The causes are multiple (loss of a job, illness, bankruptcy) and justify the use of an over -indebtedness procedure with a commission of the Francia Bank.
How to mount an over-indebtedness file?
To create an over-indebtedness file, the form can be downloaded directly online: simply complete it and send it to the Francia bank on which your domiciliation address depends. A list of documents justifying the situation of over-indebtedness is also to be provided. Some organizations such as the CCAS (local social action center) or the county council can accompany the applicants in the constitution of the file.
The over-indebtedness commission
The file is examined by the over -indebtedness commission. Everything is sifted: family and professional situation, wealth, ability to repay debts and especially the good faith of the candidate. If the file is admissible, the commission can negotiate with the creditors adequate monthly payments or even the cancellation of all debts, in some cases the suspension of an expulsion or seizure procedure in progress.
Consolidation of credits: a solution to prevent over-indebtedness?
By giving back to the budget of a household cumulating several loans, the repurchase of credit is to be considered before being in situation of overindebtedness. It allows to combine in a single loan contract a mortgage, a consumer credit and even a revolving credit or unpaid debts (rent, bank overdraft, etc.). The repurchase of credit results in a single monthly payment from a single banking organization, calculated according to income and repayment capacity. The repurchase of credit is however not accessible to the persons engaged in a procedure of over-indebtedness with the Francia Bank: it is necessary to think of it as soon as possible!