Claim of goods sold with Title Retention Clause

Claim of goods sold with Title Retention Clause

Claim of goods sold with Title Retention Clause 550 240 Exponens International

Claim of goods sold with Title Retention Clause

Publié le 8 November 2022
Frequently Asked Questions

I sold materials with Title Retention Clause to a company. Now, it is in liquidation before paying the invoice. I want to recover these goods by invoking the Title Retention. But how to proceed?

If you want to reclaim the goods, you must apply, within 3 months of the judgment opening the liquidation operations, to the administrator in bankruptcy designated by the court. But note that this action can succeed only if the goods are found in kind, i.e., they still exist in their original state.

The administrator may agree to return to you the goods. He may also refuse to do so by disputing the merits of your claim. Or you get no response from him within a month. In these last two cases, you may refer the matter to the insolvency judge (supervisory judge in charge of the proceedings), within one month. If the judge agrees with you, you will notify his decision, via a bailiff, to the administrator who will have 10 days to appeal against the order of the insolvency judge. In the absence of recourse within this period, the administrator must return the goods to you. In the event of an appeal, the court will decide.

If, on the other hand, the insolvency judge finds you wrong, you too can appeal against his order.

Copyright Les Echos Publishing – 2022