For years, the dispute has opposed a property merchant, formerly an optician in Blois (Loir-et-Cher), to one who was his lawyer and president of the city bar.
After many unsuccessful procedures, Stéphane Droyerre, 51, decided to seize the judicial court of Blois with a direct summons against his former counsel for “fraud” and “obstructing the freedom of auctions”.
"I consider that there is a fault, and that there is no reason for there to be immunity," he argues.
We need justice.
I don't want to let go!
"" Things are clear, I have nothing to reproach myself with, all of this has been judged and archi-judged ", sweeps the lawyer referred to, Me Damien V., who qualifies as" fanciful "the assertions of his ex- customer.
"The sale had been distorted!"
The story begins in early 2012 around the auction of a house of 81 m2, located east of Blois.
Alerted by a small ad, Stéphane Droyerre gives a mandate to Me Damien V. to bid and pay 10% of the starting price as it should.
But at the hearing, the sale was won by a real estate company, SCI Alda.
“Some time later, I spotted an advertisement for the rental of this house on a site,” says Stéphane Droyerre.
However, the contact given was ... the cell phone number of my lawyer!
He rushes to court to question him.
“He replied that he was mandated for the rental.
I was very surprised, but he was my lawyer in other cases.
I didn't look any further.
"
It was not until three years later that the property merchant, whose relationship with his council turned sour, decides to find out.
He undertakes research and obtains a statement of the real estate file of mortgages, showing the identity of the owners.
“I discovered that my lawyer was, on the day of the sale, associated with 50% of SCI Alda, the ultimate purchaser of the house.
He was therefore bound by two mandates at the hearing.
And timely, his name did not appear in the documents provided to the judge on that company.
The sale had been skewed!
"
A complaint dismissed
Revolted by what he describes as a "stab in the back", Stéphane Droyerre launches into a legal battle.
A complaint for fraud and forgery lodged in the fall of 2015 with the prosecution of Blois is disoriented at the prosecution of Tours (Indre-et-Loire), where a preliminary investigation is entrusted to the SRPJ.
At the same time, disciplinary proceedings initiated in early 2016 against Me V. by the President of the Bar Association of Blois will result in an appeal by a one-month ban on practice.
"Ignorance of the obligations of independence, loyalty, delicacy and prudence", the lawyer having placed himself "in a manifest situation of conflict of interest", concludes the judgment, however invalidated by the Court of Cassation in 2019.
The criminal proceedings against Me Damien V. do not prosper either.
After four years of waiting, Stéphane Droyerre learned in early 2020 that his complaint was closed at the end of 2019 on the grounds that "the facts
[...]
could not be clearly established by the investigation" and that "the evidence is not therefore not sufficient for the offense to be constituted ”.
He is surprised: “The summary report of this investigation concludes that Me V., who admitted to the police
an error
, would be, I quote:
liable to be prosecuted for breach of trust and fraud in judgment
.
"
A fight "for the principle"
Stéphane Droyerre has everything of a relentless, which he assumes.
“I am not leading this fight for money, I am leading it for the sake of principle,” he explains.
To show that the legal system is distorted: petty criminals are sentenced while white collar workers escape sanctions.
"
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He also wants to be a “whistleblower” via a blog (Les spoliés des tribunals sur les edges de Loire, now judicial victims Blois Tours Orléans), in which he vilifies everything he considers to be injustice or inappropriate behavior.
This sometimes leads to libel lawsuits.
One of them also opposes him, because of the history of the controversial auction, to Me Damien V. In the eyes of the latter, this would also be the real reason for the new legal offensive of his opponent: “He is using this (auction) story to justify defamation.
It is his only way out ”.
The consignment hearing on the direct citation, which is being held this Wednesday, January 27 in Blois, "is only a first step" explains Stéphane Droyerre's lawyer, Me Philippe Meilhac: "This procedure will be subject to 'a change of scenery before the Bordeaux Criminal Court, such as the defamation case, pending before this court ”.
