French equivalent of Small Claims Court in England ?

Been there? Done that? Where to go in the Pyrénées-Orientales

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rhys
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French equivalent of Small Claims Court in England ?

Post by rhys »

I am trying to assist a friend in bringing [ or possibly bringing ] a claim against the owner of a vicious dog which inflicted a nasty bite on friend's mouth.

In England one would bring such a claim in the County Court [ alsoknown as the Small Claims Court ] and it is a fairly simple matter to bring such a claim without a lawyer.

Does anyone on this Forum have knowledge of what would be the equivalent Tribunal or Claims Forum in France [ specifically near to Argel`es so I imagine Perpignan] ?

Any information re the procedure involved would also be gratefully received.

On a related topic : is there any legislation equivalent to the UK Dangerous Dogs Act ?

Does the Mairie have any ro^le in fining owners of dangerous dogs ?

The matter has been reported to the local police but as far as we can tell they have done no more than warn the dog's owner.
tia
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Post by tia »

Hi, did your friend make a claim with the owners insurance company? The normal procedure is that your friend and the owner of the dog fill out a form ( bit like if you have a car accident) and each one sends it to their insurance company . The compensation part is sorted out by the company as well as any medical fees etc , ( obviously once they are completely satisfied that the claim is genuine).
I don't think the mairie can do anything, the only ones who can fine the owner ( or take the dog) are the gendarmes .
Good luck
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Kate
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Post by Kate »

Hi Rhys
Here's a chunk from a past P-O Life on Consumer rights. Don't know how useful it will be in your case, but at least it gives the details of the Maison d’Accès au Droit’ in Perpignan who might be able to advise. Somebody sent me an email last year to say they had been there and the had been 'far from helpful' but worth giving it a try.

Agree with Tia though that the best place to start in the insurance. In fact your own/their own should be able to advice on the best action to take.
It’s never pleasant to make a complaint in any language, but when you are trying to put your point forward with a limited vocabulary and knowledge of your rights, it is particularly frustrating. In this section, we will give you some basic vocab and tips for standing up for your consumer rights.

Most problems encountered can be resolved amicably and free of charge. Legal action in France is time consuming and expensive and ’no win, no fee’’ lawyers are few and far between. It is always worth complaining first to the supplier, manufacturer or distributor of the product or the service provider concerned, and only considering legal action when all other doors have closed.


Steps to take before considering legal action

Write to (or visit) your local consumer association who can inform you about your rights, and assist you in settling your dispute with a trader or service provider. (‘Maison d’Accès au Droit’ in Perpignan (1 place Joseph Deloncle, 66000 Perpignan) open from Monday – Friday 8h00 - 12h00 and 14h00 - 17h00 Tel : 04 68 66 34 56 accueil_mad@yahoo.fr) They will help and advise you, and where necessary pass your case on to the relevant parties who will try to find a solution. The service is free and confidential.

4. Download a European consumer complaint form (formulaire européen de réclamation pour le consommateur) from http://ec.europa.eu/consumers This form, in 11 languages, has been designed to guide consumers in formulating their claims via a multiple-choice lists of responses. Use it instead of a letter of complaint, always bearing in mind that it could be used in evidence if the case comes to court.

5 Your final step before taking actual legal action is the legal conciliator (conciliateur de justice), a volunteer appointed by the court of appeal judge try to settle disputes between consumer and trader out of court. (Contact details available in town halls or the magistrates’ court (tribunal d’instance) in your area).
Best of luck whatever your friend does - and remember, it's not the dog's fault, it's the owner!!
Robert Ferrieux
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Post by Robert Ferrieux »

Agree 100% with your last line.
Usually vicious owners make for vicious dogs..

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russell
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Post by russell »

I think the first step is to "porte plainte" at your local gendarmerie.

Russell.
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