Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Woman ruled dead in 2017 fights to be declared alive

Jeanne Pouchain has a problem

Via AP news wire
Monday 18 January 2021 17:38 GMT
France Proof of Life
France Proof of Life

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

Frenchwoman Jeanne Pouchain has an unusual problem. She's officially dead. She has been trying for three years to prove that she is alive.

The 58-year-old woman says she lives in constant fear, not daring to leave her house in the village of Saint Joseph, in the Loire region. Authorities seized her car over an unpaid debt she contests and which is at the center of her troubles. She fears the family furniture will be next.

Pouchain’s status has prevented her and her husband who is her legal beneficiary along with her son, from using their joint bank account. Being declared deceased has deprived her of other critical amenities.

“I no longer exist,” Pouchain said by telephone. “I don’t do anything....I sit on the veranda and write.” She called the situation “macabre."

Pouchain's status as deceased is the result of a 2017 Lyon court decision that deemed her dead even though no death certificate was produced. The decision came at the end of a legal dispute with an employee of Pouchain's former cleaning company, who was seeking compensation after losing her job 20 years ago.

But the initial complaint in France's Prudhomme workers' court misfired, falling on Pouchain, whose lawyer claims her company had no responsibility for the dismissal. A series of legal proceedings, decisions and appeals followed, all the way to the Court of Cassation, France's highest court, which dismissed the case as outside its domain, Pouchain and her lawyer, Sylvain Cormier, said.

According to Pouchain and her attorney, snowballing judicial errors ended with the 2017 ruling by the Appeals Court of Lyon that Pouchain was not among the living. The legal imbroglio is all the stranger because, Pouchain contended, neither she nor her relatives received a summons for the hearing.

Pouchain’s husband and son were left with an order to pay 14,000 euros ($17,000) to the former employee.

Cormier, her attorney, filed an unusual motion last Monday to invalidate the 2017 decision by the Lyon appeals court due to a “grave error” by the judges. He said he has never before dealt with such a “crazy” case.

“At first, I had a hard time believing my client,” he said.

Pouchain says she can’t forgive her ex-employee for her plight but won’t identify the woman. The former employee’s lawyer did not respond to several requests for comment.

Cormier points the finger at the judges and their “extreme reticence to repair their error.”

“When an error is so enormous, it’s hard to admit,” he said.

Pouchain remains stubbornly hopeful that her attorney’s bid to overturn the judgement will succeed.

“It’s my last chance to recover my life,” she said.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in