and readmission, effects on foreclosures, mortgages and holdbacks. Here are the 6 new rules to know about Equfrance payments.
More gravity on decadence, readmission possibilities and more explicit rules on mortgages, holdbacks and foreclosure. The rules of payment by installments of Equfrance files are changing, so here are the 6 things you absolutely need to know.
1. You can request the down payment with current foreclosure and stationary or registered mortgage
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It is possible to request the payment of a continuous seizure resulting inextinction of the seizure. This rule has 3 exceptions, the deposit is not accepted:
- if the auction enchantment has already been successful
- in the event of seizure with third parties, if the third party has already declared itself a debtor of the entity registered in the roll
- in the case of a private loan to the public administration for sums greater than 10,000 euros if, before payment, the latter was prohibited by Equfrance from paying these amounts which are immediately reversed to Equfrance as foreclosure of third.
Even in the case of the constraint and the mortgage already registered, it is possible to request to pay the amount, but unlike the seizure, the latter remains valid. The mortgage and repayment are actually canceled after the first installment has been paid. In the event that subsequent installments are not paid and the property or vehicle is sold to return to the call for tenders with Equfrance, the subject risks criminal proceedings for fraudulent evasion of payment of taxes.
2. It is possible to appeal despite the payments from Equfrance.
The filing of the request for postponement is not an obstacle to the appeal before the judge. You can immediately request the payment and, subsequently, assess the chances of success of a possible appeal. In fact, the Supreme Court said that the request for a deposit does not preclude the appeal: the former can only be presented to avoid the risk of foreclosures. The normal call terms remain valid.
3. The decrease takes place after 5 unpaid installments
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The decrease in the possibility of debt settlement occurs in the event of non-payment of 5 installments, not even consecutive (eight previously). Therefore, it can also be the non-payment of one or two monthly fees per year: once the fifth default is reached, the payment is revoked.
4. It is possible to be readmitted to an already expired deferral
If the taxpayer first pays all the installments that he has not paid and from which the deferral has been withdrawn, he can ask to be readmitted to postponement already expired : yes, it is at least five installments, since it is only after the, the taxpayer will have to submit the readmission request to the postponement and, in this case, will fall under the previous regime (not in a new plan ), “Inheriting” the same number of remaining installments that it had left before the decline.
5. The amount of coactive collection is reduced
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The amount of coactive fundraising is reduced from 8% to 6%, the amount being invoiced as follows:
- 3% each to the taxpayer and the taxpayer, if the payment is made in accordance with the law (60 days from the notification of the file)
- 6% to the taxpayer, if the payment is made after this deadline.
For voluntary collection roles, the charge is equal to 1%, fully charged to the debtor.
6. Even those who fell before the reform can be readmitted to the Equfrance bracket.
The condition ? That the decline itself took place at the latest 24 months before the date of entry into force of the reform. It is necessary to submit the request for readmission to postponement within thirty days following the entry into force of the same reform: the new deadline may in no case exceed 72 monthly installments and it expires with the non-payment of two installments, not even consecutive.
If the amounts due exceed 50,000 euros, the request must be accompanied by documents which undermine the economic difficulty of the debtor (Isee model or accounting data). For amounts up to 50,000 euros, no documentation is required and the request will be accepted on request.
Those who had already fallen during the two years preceding the reform lose the benefit with the missed payment of two installments, not even consecutive (instead of five installments).
Also read -> What happens if you do not have an Equfrance file?
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