Refer to the protection litigation judge (consumer credit, lease)
Verified 19 May 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
Cancelation of the conciliation obligation
Published on 17 November 2022
In a ruling on September 22, 2022, the Conseil d’État annulled article 750-1 of the code of civil procedure, which establishes the obligation of conciliation and mediation prior to litigation.
The protection litigation judge is a specialized judge of the judicial and community courts. It is competent to settle civil disputes relating to housing leases and consumer credits. The judge shall be seised either by request, or by subpoena. Before the trial, an amicable settlement of the dispute must be attempted for disputes up to €5,000.
The protection litigation judge is a specialized judge of the court of justice or the court of proximity.
You can enter it for a residential lease or a consumer credit.
Warning
the protection litigation judge may also be seised in respect of protection of adults, of over-indebtedness or of expulsion. For these disputes, you must use specific procedures.
Before going to court, you can try to settle your dispute by conciliation, mediation or a participatory procedure.
You must try this approach when the amount of your requests is less than or equal to €5,000.
General case
The competent judge is the one in your opponent's home.
If your opponent does not have a known domicile or residence, you can refer the case to the judge of your domicile or that of your choice if you reside abroad.
Who shall I contact
Dispute concerning a lease contract
For a dispute relating to a lease contract, the competent court is that of the place of the leased property.
Who shall I contact
Dispute concerning a consumer credit agreement
In a dispute relating to incidents of repayment of the maturity of a loan, the competent court shall be that of the place of domicile of the debtor.
Who shall I contact
You can refer to the protection litigation judge by request, by subpoena or by joint request.
You can use the query only when the amount of the request does not exceed €5,000.
In determining the value of the dispute, the total amount of the claims must be taken into account.
If you agree with your opponent to have your dispute decided by the judge, you can make a joint motion, even if the amount of requests exceeds €5,000.
Warning
there are specific procedures for referring cases to the protection litigation judge for protective measures and the over-indebtedness.
Query
Unless there is a legitimate reason, the request must obligatory be preceded by an attempt to conciliation, mediation or a participatory procedure.
You can prepare the application yourself or ask a lawyer to do so.
Who shall I contact
You can use a template or write it on free paper.
Application for referral to the protection litigation judge
You must attach to your request copies of your supporting documents (invoice, contract, quotation, proof of the attempt to reconcile...).
You can request that the proceedings proceed without a hearing.
The query should include the following:
- Full identity of the parties
- Court seised
- Purpose of the claim (damages, delivery of property, cancelation of a contract,...)
- Grounds for the dispute
- Parts List
You must encrypt your requests (€100 damages, for example).
The request must be dated and signed.
FYI
it is possible to request a sum corresponding to the costs you had to incur for the procedure (travel expenses, stamps,...).
Once the application is forwarded or filed with the court, you are informed by the graft the place, day and time of the hearing. Your opponent is summoned by registered letter with notice of receipt.
Assignment
You can go to court by having your opponent deliver a subpoena by a commissioner of justice (formerly bailiff and judicial auctioneer).
Who shall I contact
Your assignment must include mandatory information:
- Appointment of the competent court
- Place, day and time of the hearing (information to be obtained from the court)
- Purpose of the claim (damages, delivery of property, cancelation of a contract...)
- Full identity of the parties
- Grounds for the dispute
- Parts List
- Amicable attempt to resolve the dispute in advance
- How your opponent will appear before the court, i.e. if he must take a lawyer, within what time frame,...
- Consequences if your opponent does not appear
You must encrypt your requests (€100 damages, for example).
The assignment is your conclusions, i.e. your requests and your arguments.
FYI
in your application, it is possible to claim an amount corresponding to the costs you had to incur for the procedure (travel expenses, stamps, etc.).
The summons may be drafted by a lawyer.
Who shall I contact
You can request in your summons that the proceedings proceed without a hearing.
The summons must be filed in court at least 15 days before the hearing date.
Failure to comply with the time limits shall result in obsolescence of the assignment, that is, the assignment is null and you have to make a new one.
Joint Query
In agreement with your opponent, you can bring a joint motion before the protection litigation judge.
This request, signed jointly by you and your opponent, must indicate the points of agreement and the points of disagreement.
The query should include the following:
- Full identity of the parties
- Court seised
- Purpose of the application (return of a security, cancelation of the credit ...)
- Grounds for the dispute
- Parts List
It must be dated and signed.
The proceedings may take place without a hearing. In this case, the joint application must include the agreement of the applicants.
FYI
to obtain urgent interim measures, while awaiting the main trial, you can use a interim proceedings.
The procedure itself is free of charge.
Other expenses (lawyer, commissioner of justice (former bailiff and judicial auctioneer)...) are at your expense. If you don't have enough resources, you can legal aid to cover all or part of these costs.
Please note
if you lose your business, you are normally ordered to pay back the costs of the trial to your opponent. That's what we call the costs.
Who can help me?
Find who can answer your questions in your region
For more information
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
For information
House of Justice and the Law
Territorial jurisdiction: general rules
Territorial jurisdiction of the protection litigation judge
Substantive jurisdiction of the protection litigation judge
Substantive jurisdiction of the protection litigation judge
Introduction of proceedings in litigation
Introduction of proceedings and obligation to make a prior amicable attempt
Introduction of proceedings by summons
Introduction of proceedings by application
Representation by counsel not required
Oral proceedings
FAQ
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National Institute of Consumer Affairs (INC)