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Referring to the protection litigation judge (ex judge of the magistrate court)

Verified 21 January 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Proceedings before civil, social and commercial courts

From 20 November 2020, civil, social and commercial courts may amend the rules of procedure applicable to the cases they are handling, in order to continue their activities during the state of health emergency. Changes may include:

  • Access by the public and lawyers to courts and courtrooms
  • Information by any means of parties who are assisted by a lawyer or who have agreed to receive communications by electronic means
  • Transfer of a case to another court of the same jurisdiction
  • Use of the single judge procedure
  • Conduct of the hearing or hearing by audiovisual means of telecommunication
  • Use of the procedure without hearing

These possibilities for amending the rules of procedure are provided for in Order No. 2020-1400 of 18 November 2020 and decree n°2020-1405 of 18 november 2020 .. They will cease one month after the end of the state of health emergency, on 16 March 2021.

The protection disputes judge is a specialized judge of the judicial or local court. It is competent in particular for the protection of adults, housing leases, actions relating to consumer credit contracts and the over-indebtedness of individuals. The judge shall be seised either by application or by subpoena. Before the trial, an amicable settlement of the dispute must be attempted.

The protection disputes judge is a specialized judge of the judicial or local court.

The Protection Litigation Judge shall have jurisdiction in cases concerning

The protection litigation judge, when assigned to a local court, may be assigned civil cases until €10,000..

It may be entrusted by decision of the heads of the Court of Appeal with certain disputes usually referred to the judicial court.

Warning  

there are special procedures for bringing matters of guardianship and debt overhang before a judge.

Before bringing the matter before the court, the plaintiff must justify an attempt to conciliation, mediation or participatory procedure agreement..

General case

The competent judge is the judge of your opponent's home.

If your opponent has no known home or residence, you can enter

  • the judge in your home
  • or the one of your choice if you live abroad.

Lease disputes

For a dispute relating to a lease, the competent judge shall be the judge of the place of the property concerned.

Consumer credit disputes

In the case of a dispute arising out of the repayment of a loan, the competent judge shall be the judge of the debtor's place of residence.

Once you have determined the competent judge, you must enter it by application or subpoena. 

The request is used when the amount of the request does not exceed €5,000 or in certain matters fixed by law or regulation (e.g. in matters of guardianship).

In determining the value of the litigation, the total amount of the claims must be considered.

If the parties agree to go before the judge to settle the dispute, they shall make a joint motion.

You can have a lawyer assist you.

Warning  

there are specific forms for referring matters of guardianship and debt overhang to the judge.

Query

You can enter the judge by submitting a request to the Registry.

Unless there is a legitimate reason, the request must be preceded by an attempt to conciliation, mediation or participatory procedure..

The query must include:

  • Complete identity of the parties
  • Court seized
  • Subject of the claim (damages, delivery of property, cancelation of contract...)
  • Reasons for the dispute
  • List of pieces (which must be provided in as many copies as opponents)

It must be dated and signed.

Application for referral to the Protection Litigation Judge

The proceedings may be conducted without a hearing. In this case, the request must include your agreement.

Consent to the conduct of proceedings without a hearing for oral proceedings before the judicial or protection litigation judges

The parties are notified of the place, day and time of hearing by the clerk, you (the plaintiff) by any means and your opponent (the defendant) by registered letter with notice of receipt.

You have the opportunity to have a lawyer assist you.

Who shall I contact

Assignment

The drafting of the summons is done by the lawyer, the bailiff or yourself.

Who shall I contact

The assignment must contain certain mandatory particulars:

  • Designation of competent court
  • Subject of the claim (damages, delivery of property, cancelation of contract...)
  • Complete identity of the parties
  • Place, day and time of hearing, information to be obtained in advance from the court registry
  • Reasons for the dispute
  • Parts List
  • Attempted friendly steps to reach the preliminary resolution of the dispute

Please note

the proceedings may be conducted without a hearing. In this case, the assignment must include your agreement.

The subpoena is issued by a bailiff to your opponent.

A copy of the summons must be sent to the court registry at least 15 days prior to the hearing date.

Joint Query

In agreement with your opponent, you can refer the matter to the judge by submitting a joint motion to the court registry.

The request, signed jointly by the parties, shall indicate the points of agreement and the points of disagreement.

The query must include:

  • Complete identity of the parties
  • Court seized
  • Subject of the claim (damages, delivery of property, cancelation of contract...)
  • Reasons for the dispute
  • Parts List

It must be dated and signed.

Please note

the proceedings may be conducted without a hearing. In this case, the joint request must include the agreement of the applicants.

FYI  

to obtain urgent interim measures, pending the main trial, you can use a summary procedure..

The procedure itself is free.

Other costs (lawyer, bailiff....) are your responsibility. You can ask legal aid to cover these costs.

Please note

if you lose your case, you are in principle ordered to reimburse the costs of the trial (costs) to your opponent.