What amounts are claimed from the perpetrator in your recovery process ?
By taking advantage of our recovery assistance mechanism, you give the SARVI a mandate to recover from the perpetrator the entire sum that the judge has awarded you increased by a 30% penalty imposed on the perpetrator, in accordance with the law. The success of the recovery may be uncertain depending on the solvency of the perpetrator.
I used to regularly receive a letter keeping me informed of the progress of your collection efforts with the perpetrator. I don’t get them as often now. What’s the status of the out-of-court settlement for my claim ?
Our recovery assistance service informs you of the progress of the collection by post every six months. In addition, a detailed letter is sent to you when you receive a payment from the author to your account. However, successful recovery can be uncertain and time-consuming depending on the solvency of the perpetrator.
I did get the advance. Can you tell me what steps your service takes as part of the collection action entrusted to you ?
The SARVI initially proposes an out-of-court settlement with the perpetrator so that the victim can be compensated as quickly as possible. Next, if the out-of-court action is unsuccessful, our service can mandate a court bailiff. The Guarantee Fund shall have the necessary means of questioning the bodies required in the recourse. However, certain details about the perpetrator cannot be disclosed as they are strictly confidential. Finally, no deadline for recovery can be set in view of the random nature of this action.
What are the conditions for taking legal action against a perpetrator who won’t pay ?
The legal action will depend on the amount of the claim as well as on the opportunities offered (attachment of earnings, account seizure, etc.).
Why did you decide to stop going after the perpetrator ?
The SARVI reserves the right to stop the recovery procedure when all the actions undertaken over the years have failed (causes: perpetrator’s whereabouts unknown, insolvency).
I’m a victim. I received an advance from the SARVI, but I just signed a schedule with the perpetrator. What is the procedure ?
If a schedule is agreed between the perpetrator and yourself as a victim, it is your responsibility to reimburse the advance paid by the SARVI.