What happens when the request is received?
Your application lands on the desk of the commission secretariat. Within 48 hours, it sends you a certificate of deposit in writing. This does not presage the future response, the document serves only to ensure that the secretariat has received your file.
At the same time, the latter will proceed to your registration in the National File of Payment Incidents . This action has the effect of automatically alerting banks and credit institutions. Your banker will be the first alerted by your approach as each creditor and person guarantor.
The examination of your file by the Secretariat
Your form and all the documents that make up your file will be the subject of a careful study, the commission of over-indebtedness having three months to give you an answer. Know that the procedure allows him at any time to directly address your creditors to request additional information.
Know that in case of request for additional information, you have a period of one month to transmit the parts under pain of seeing your file classified without result.
What is the study of the file?
The study will focus on the level of indebtedness. Remember that the mere fact of having difficulties in repaying debts can not be a situation of over-indebtedness.
This is analyzed in relation to a global situation and to the proven incapacity of the household to overcome its financial difficulties .
The secretariat will also verify that the origin of the debts is not professional, the registration being reserved for individuals. On the other hand, it will be for the commission to ensure that the applicant is in good faith .
It can thus be brought to meet the third parties concerned (donors, administrations, banks, credit organizations …). It can also digest a survey of social agencies
Important : You can ask to be received by the commission if certain elements of your file require clarification.
The deliberation of the commission
Once the secretariat has completed the analysis of the file, the commission is responsible for drawing up a statement of financial situation which is sent to all concerned. This action has the effect of suspending the calculation of interest and penalties for late payment. Decisions will be taken during a deliberation between the seven members of the commission (1).
(1): Members can however deliberate if at least 4 of them are present.
The members of the commission are held incommunicado (apart from the disclosure of information to the persons concerned by the file). The response of the review of the commission of over-indebtedness, whether it is favorable to you or not, will be sent to you by registered mail. You will have one month to appeal.
- Enter the over-indebtedness commission
- To know if his file is admissible
- What to do if my case is out of order
- FICP file: To know more