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Injunction to Pay - Debt Recovery

Verified 05 February 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Reform of the order for payment procedure

The Law on Planning and Justice Reform of 23 March 2019 entrusts to a national court the dematerialized treatment of payment orders..

The information contained in this page remains valid until the entry into force of the reform, which will take place by 1to September 2021..

Except in cases of amicable recovery, you can go through a judge or a bailiff to recover a debt. The judge can issue a payment order against the debtor.. For a cross-border debt, the judge may issue a European order for payment. A bailiff may also implement a simplified procedure for claims up to €5000..

By a judge (debt in France)

You can use the order to pay to get your claim paid if the person who owes you money, your debtor, refuses to pay. It is a simplified legal procedure, usable when the debt originates in a contract. The court of competent jurisdiction depends on the nature of the claim.

It is possible to initiate an order for payment procedure, in the event that the claim (the debt) arises:

  • a contract (a purchase from a merchant or a bank loan, for example) or an obligation (unpaid invoice, credit, bank overdraft, rent...). In both cases, the amount of the debt shall be entered in the contract or document setting out the obligation,
  • a bill of exchange, a promissory note, the acceptance of an assignment of professional debt (Dailly slip).

FYI  

this procedure cannot be used to obtain payment of a maintenance or check, for which there are specific recovery procedures.

Query Writing

The person who claims payment of the debt (the creditor) must write a request.

The query contains the following information:

  • For natural persons, name, given names, profession, domicile, nationality, date and place of birth of the applicant
  • Name and address of the person against whom the application is made, or, in the case of a legal person, its name and registered office
  • Subject of the application
  • Amount of the sum claimed together with the statement of the various elements of the claim and the basis thereof

It is accompanied by all supporting documents proving the validity of the application (purchase order, contract, unpaid invoice, letter of formal notice, etc.).

If one of the indications is missing, the application will be rejected.

Query Deposit

The creditor must send his application to the transplant before the end of limitation period ..

The application may be delivered to the court registry by the creditor himself, a lawyer, or a judicial officer.

Who shall I contact

The court of competent jurisdiction depends on the type of dispute.

General case

You must complete the following form.

Application for an injunction to pay before the president of the court

This form must be sent to the judicial or community court.

The competent court shall be that of the debtor's domicile (or registered office). There are, however, exceptions, such as unpaid condominium fees (the competent court is the court of the place where the building is located).

Unpaid Rent

An application must be made to the protection litigation judge. The competent court shall then be that of the domicile of the debtor..

Application for an injunction to pay before the Protection Litigation Judge

Consumer credit

An application must be made to the protection litigation judge. The competent court shall then be that of the domicile of the debtor..

Application for an injunction to pay before the Protection Litigation Judge

Commercial debt

If the claim is of a commercial nature (debt between traders), you must apply to the commercial court.

By paper form

You must complete the following form and send it to the president of the commercial court.

The competent court shall be that of the debtor's registered office.

Application for an order to pay to the president of the commercial court

Who shall I contact

Issuance of a payment order

The procedure is not adversarial: the judge may decide on the basis of the evidence provided by the creditor alone, without hearing the arguments of the debtor.

If the judge considers the request justified, he shall

order for payment

for the amount he withholds.

If, on the other hand, the judge rejects the claim, the creditor (the claimant) has no recourse, but can initiate a classic judicial procedure..

Warning  

it is up to the creditor to transmit the order for payment to the debtor by judicial officerat its own expense, by means of a certified true copy of the application and order. The order is canceled if the transmission is not made within 6 months.

Challenge of the order

The debtor, the one who must pay the debt, has 1 month from the meaning order by the creditor to challenge it by opposition to the court which issued it.

He may apply to the court using form cerfa n°15602*04.

Objection to a payment order

The opposition must be submitted to the court which issued the decision

  • or by going to the Registry,
  • or by registered mail with acknowledgement of receipt.

All relevant documents should be attached (copy of the injunction received, references on the decision...).

The court then summons the parties. After trying to reconcile them, a judgment is given.

Representation by lawyer is compulsory for claims exceeding €10,000.. On the other hand, it is not compulsory before the protection litigation judge, whatever the amount.

The judgment may be challenged before the Court of Appeal by the creditor or the debtor if the amount of the application exceeds €5,000..

If the amount does not exceed €5,000, to the Court of Cassation..

Executing the order

If the debtor does not contest the order to pay at the end of the 1-month period, the creditor may ask the court to affix the enforceable form to the order. This then has the value of judgment.

To enforce the order, the creditor must apply to a judicial officer..

General case

The request is free.

If a lawyer or bailiff files the application, fee are due.

Service of the order for payment made to the debtor shall entail a bailiff's fee.

Commercial Court

The creditor must pay the costs of registering €33.47 in 15 days that follow the presentation of the query.

If a lawyer or bailiff files the application, fee are due.

Service of the order for payment made to the debtor shall entail a bailiff's fee.

The debtor's objection shall be received by the Registrar free of charge.

By a bailiff

A simplified procedure for the recovery of small claims may be implemented by a judicial officer at the request of the creditor for the payment of a claim originating in a contract (e.g.: contract of lease, contract of sale, etc.) or resulting from an obligation of a statutory nature (e.g.: compulsory contributions) of an amount not exceeding €5000.. This procedure is not free.

It is possible to initiate a procedure for the recovery of a claim where the claim (the debt) results from:

  • a contract (a purchase from a merchant or a bank loan, for example) or an obligation (unpaid invoice, credit, bank overdraft, rent...). In both cases, the amount of the debt shall be entered in the contract or document setting out the obligation,
  • a bill of exchange, a promissory note, the acceptance of an assignment of professional debt (Dailly slip).

The amount of the principal claim and interest shall not exceed €5000..

FYI  

this procedure cannot be used to obtain payment of a maintenance or check, for which there are specific recovery procedures.

Filing of the file by the creditor

The procedure is initiated at the initiative of the creditor (the person claiming the money). This can be done directly through the Small Claims Processing Platform.

Small Claims Processing Platform

The competent judicial officer is the one in the jurisdiction of the court of appeal where the debtor has his domicile.

Who shall I contact

It must provide the judicial officer it requests with the following information:

  • Identity of the debtor
  • Proof of unpaid (invoice, loan agreement, lease agreement...)
  • Margin of negotiation which he leaves to the bailiff to recover the debt from the debtor

Sending a letter of invitation to participate in the procedure

The bailiff sends the debtor (the one who owes money) a registered letter with notice of receipt inviting him to participate in this procedure. The debtor's agreement, found by the bailiff, suspends the prescription, i.e. the time limit is temporarily suspended without erasing the time limit already expired.

Model letter inviting the debtor to participate in the simplified recovery procedure

The debtor has 1 month to respond. He can contact the bailiff, accept the procedure and pay the sums due, which will end the dispute. It can do this via the Small Claims Processing Platform or by mail.

After the letter inviting him to participate in the procedure has been sent to the debtor, no payment can take place without going through the judicial officer. The latter shall declare the outcome of the proceedings on one of the following grounds:

  • the debtor's refusal to participate in the proceedings, or
  • or after the expiry of the 1-month period,
  • either by the conclusion of an agreement between debtor and creditor, within the 1 month period, on the amount and the methods of payment (the payment can then take place only after the issue of the enforceable document by the bailiff).

Debtor Acceptance

If the debtor accepts the simplified procedure, he must make a statement to the judicial officer concerned. It may use the letter of acceptance template to participate in the simplified recovery procedure.

Model of the acceptance form to participate in the simplified recovery procedure

The bailiff, who has received the agreement of the creditor and the debtor on the amount and methods of payment, may issue a enforceable title.. This document will allow the voluntary collection of sums, the seizure of property or the seizure of wages for example.

In order to prevent conflicts of interest, the bailiff who established the enforceable title cannot be charged with the enforced enforcement of the recovery of the claim.

Denial of debtor

If the debtor refuses the procedure, he may use the model of a letter of refusal.

Model of the refusal to participate in the simplified recovery procedure

Failure to reply within the 1-month period shall be considered as a refusal.

In the event of a refusal, the creditor must apply to the judge for an order to pay.

All fees (inTTC: titleContent) shall be borne by the creditor:

  • filing of file with the bailiff: €14.92,
  • issue of the enforceable document by the bailiff (if the debtor accepts the proceedings): €30..

For the payment of recovery (voluntary payment), the fee of the bailiff depends on the sums recovered: it may be fixed or proportional depending on the amount of the claim.

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Up to 188 €

Emission of the bailiff: package €21.45

Beyond 188 €

Emoluments of the bailiff for the recovery of small claims

Trim

Evolution of the bailiff

From €0 to €125

11,70% sums recovered

From €125.01 to €610

10,73% sums recovered

From €610.01 to €1,525

10,24% sums recovered

From €1,525.01 to €52,400

3,90% sums recovered

More than €52,400

3% sums recovered

For example, for a claim of €200, 1mere slice €125 is subject to the 11,70% and the second tranche €75 at 10,73%, which gives a €22.67..

All bailiff's costs are borne by the debtor in this voluntary procedure. However, in the event of enforced execution, other tariffs apply, outside the small claims procedure, certain costs to be borne by the debtor..

By a judge (debt in Europe)

You can use the order to pay to get payment of a cross-border claim when the person who owes you money refuses to pay. It's a free legal process. It is based on the use of standard forms to be sent to the courts. It is a simplified procedure for transnational claims not contested by the debtor

This procedure is at the disposal of European citizens, alongside the procedures for ordering payments provided for by the national laws of the Member States.

It is applicable in all the States of the European Union except Denmark.

The European order for payment procedure shall apply in civil and commercial matters in cross-border disputes. These are disputes in which one of the parties has his domicile or habitual residence in a State other than the State of the court seised.

It may not be used for disputes relating to:

  • tax, customs or administrative matters or the responsibility of the State in the exercise of public power,
  • matrimonial property regimes or estates,
  • bankruptcy, concordance and similar procedures,
  • social security,
  • labor law.

The claim for which payment is claimed may be the result of a contract. The claim must be of a pecuniary nature, of a specified amount and due on the date of submission of the claim.

The applicant must submit the application using Form A.

Application for a European order for payment

The competent court shall be that of the place of domicile of the defendant, but other criteria of jurisdiction may be applicable, such as, for example, the location of the immovable to which the claim relates.

The judge shall decide on the basis of a description of the evidence provided by the applicant.

The court seised shall consider the application. If the form is duly completed, it shall issue the European order for payment within 30 days of the processing of the application.

The European order for payment shall be served or notified the defendant in accordance with the provisions of the national law of the State in which service is to be effected.

It becomes enforceable, unless the defendant opposition on time.

Please note

an application made against a consumer may only be brought before the court of the consumer's place of residence.

The defendant has 30 days after the notification to file an opposition.

In that case, the dispute shall be examined by the competent national court.

In order to lodge an opposition, the defendant may Form F which is sent to him with the order to pay.

It may also object by letter or by any other means of communication accepted by the home Member State (e.g. by electronic means).

After being declared enforceable, the European order for a payment order may be enforced directly in any State of the European Union, without any prior recognition procedure.

Suspension

Under certain conditions, the defendant may obtain the suspension of the European order for payment by the competent court in the executing State.

Such suspension may be granted only to the extent that a request for review has been made before the judge of origin.

The competent court of the executing State may:

  • or limit the enforcement procedure to precautionary measures,
  • subject the enforcement to the lodging of a security,
  • suspend the execution procedure.

Refusal to execute

The defendant may also request a refusal of enforcement (if, for example, the European order for payment is incompatible with a decision or an injunction previously issued in any Member State).