Urssaf court woes

Hello all!

I have a big problem and have no idea how to deal with it.

I am an AE and work was going well until last year when I fell ill and underwent major surgery. Not being on a salary I was not entitled to sick leave and for a few months could only manage to work for a few hours a day.

As a result I got way behind with my URSSAF contributions. I negotiated a payment plan but with every quarterly declaration I find myself unable to pay my monthly payment plus the amount then due.

I have had baillifs at my door several times and the problem is URSSAF have now sent me an Assignation en redressement judiciaire to be held in early September. They have said that they can re-negotiate the payment plan but I need to pay the baillif fees first - several hundred Euros in two months, which may not be possible (a lot depends on how many invoices my clients settle in time).

I have received a tiny amount in Prime d’Activité but I give all of this to my bank as keeping up with mortgage payments has been impossible - for the time being they are giving me some slack, but this can’t go on for ever.

So currently I’m thinking I may not be able to sort things out before the hearing.

Physically I am getting back on my feet but my finances suffered a huge blow whilst I was recovering and I can feel myself sinking into a financial abyss.

Anyone got experience of this? Could it be to my advantage?

Feeling a bit overwhelmed!

Thanks in advance for any words of wisdom!

Oh heavens, so sorry to hear of your predicament. Can’t offer much apart from moral support I’m afraid, but you got that :wink: There but for the grace of God and all that.

The process won’t be pleasant but I really think it will certainly be a weight off your mind when it’s over, to have got it it all out in the open and a plan put in place.

Are you absolutely sure you weren’t entitled to sick leave while you were in hospital, because it’s not true that only salariés are entitled to sick leave - auto entrepreneurs can be too, though there are conditions attached and it depends which caisse you are with. Explained here http://www.previssima.fr/question-pratique/auto-entrepreneur-quel-droit-aux-indemnites-journalieres-maladie.html

  • it wouldn’t be a lot, but if in fact you were entitled to anything that you didn’t collect, and you can possibly claim it retrospectively, well every little helps.
    The trouble is I suppose that URSSAF will take the stance that cotisations are a percentage of turnover and should be set aside at the time the money is earned, and if your income drops subsequently, so do your cotisations. So in all honesty I would be surprised if they will agree to reduce the amount payable, but it is very common for them to arrange payment on easy terms.
    I have to say I’m a bit gobsmacked that your bank gave you a mortgage that relied solely on auto entrepreneur activity, and didn’t insist on some kind of sickness cover. That does seem astonishingly lax for a French bank and they darn well ought to be supportive.

Bon courage :slight_smile:

Thanks for the reply

My mortgage was arranged year’s ago - I’ve only been an AE for 3 years!
I couldn’t put money aside as before I ‘changed jobs’ I was several thousand in debt (I had to close my business when the crisis hit) and I needed my first year’s earnings to live and pay only essential bills
There’s no sick cover with my bank as you need to be off for three months to qualify
As for help, we did fill out the forms in the hospital but the Asst Soc told me that as I had earned over 8.000€ in the previous 12 months that I wasn’t considered to be 'in need’
I am still trying to negotiate with everyone - at least as a translator there’s no language barrier!
But I will check out the link you posted
Thanks for support!