We may turn in the Bleuets district, in Créteil (Val-de-Marne), no trace of rue Antoine-Bourdelle. “It did exist, but it changed its name after the renovation, it became rue Charles-Beuvin”, explains a caretaker of the set of 500 dwellings and memory of the places. The date of this change: 2014, as specified by an Efidis document which lists the transformations linked to residentialization, number by number. Thus, 5 rue Antoine-Bourdelle, in building G, became 3, rue Charles-Beuvin. However, it is rue Bourdelle that Viviane N., bailiff in Paris, says she issued a summons in 2017 and 2018 against a bad payer.
“Not only did the address no longer exist, but I hadn’t lived there for years! “Assures the interested party, Stéphane S., a merchant in his fifties, who filed a complaint, with civil action, for forgery in public writing and fraud in judgment.
Gone to live in Asia for several years
Originally, an unreimbursed consumer credit. “I took it out in the 1990s to buy a car. At the time, I lived in Créteil and had a restaurant in Paris. Things weren’t working anymore, I decided to go to Asia where I had friends, I lived there for more than fifteen years. Without repaying his credit. “But I always gave all my contact details,” he says.
The bank seized the court, an injunction to pay was issued in 2007 for just over 12,000 euros… After ten years, everything will be time-barred. Unless an act is served by a bailiff, who then interrupts prescription. In this case, the debtor can oppose in the following month.
This act of bailiff confirms the name of the person on the letterbox while Stéphane S. had moved for several years. DR
This is what bailiff Viviane N. would have done, going twice to 5, rue Antoine-Bourdelle in 2017 and 2018. “Today, I am going to the address (…) At the said place: no one answering my calls. After verifying the certainty of the addressee’s domicile characterized by the following elements: presence of the addressee’s name on the mailbox (…), on the doorbell of the dwelling (…). A calling card was left today at the home. »
The bailiff is now retired
Stéphane S. discovers it years later. “I returned to France in August 2020, and at the end of the year, I see that my current account is blocked. “Since he did not object, the money is seized, he is then asked for more than 18,000 euros. He asks for explanations, his bank tells him about a bailiff… He calls a lawyer, Maître Paul-Émile Boutmy, who recovers the procedure. However, if the summons dates from 2017, it is out of time to contest.
The lawyer gets in touch with the city of Créteil: “Could you confirm to me that this change took place in 2014, in which case I would be confronted with a forgery in public writing committed by a bailiff? “I can confirm that the numbering certificate for the buildings that you have in your possession is indeed the correct document”, confirms by return email the director of operational town planning, in October 2022. Clarification from Stéphane S.: “It Couldn’t have my name on the mailbox or on the doorbell, since at the time, there wasn’t one. »
“I warned Intrum that they were fake, and that these documents should not be produced in court, in vain”, explains Maître Boutmy, who also attacks the collection company for “judgment fraud and “unfair practices”. Without the act of bailiff, the procedure is prescribed, the debt no longer exists.
The complaint is now in the court of Nanterre, the Paris prosecutor’s office has withdrawn in favor of Hauts-de-Seine, the headquarters of Intrum being in Rueil-Malmaison. Mr. Boutmy has just filed a complaint with civil action for an investigating judge to be appointed. Solicited, the company Intrum did not wish to comment on this “ongoing case, out of respect for the rule of protection of personal data”, but wishes to specify that “Master N. no longer collaborates with the company”.
Our searches to question her were in vain. She is retired, informs us the chamber of bailiffs of Paris, which has never received a report concerning her study. In the event of a report for “false writing”, “after internal investigation and if the facts are proven, the chamber forwards the complaint to the prosecution”.
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