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Is the lawyer obligatory in a civil trial?
Verified 04 March 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Period during which it is not possible to evict a tenant who does not have alternative accommodation, even when a final eviction order has been issued against him. The eviction must be postponed until after the end of the winter break. Generally, the winter truce is from 1er November to March 31 of the following year.
A person is ordered to pay a sum of money per day, week or month of delay if an obligation imposed by a court order is not fulfilled.
Procedure for requesting the judge to order provisional but prompt measures, pending a judgment, to safeguard the applicant's rights
Which can be brought before a court. For example, to challenge a decision of the administration by going to the administrative court.
In order to take legal action, recourse to a lawyer may be compulsory depending on the nature of the proceedings, the amount of the dispute or the court seised.
What applies to you ?
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Judicial Tribunal
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Family Court Judge
The family judge settles disputes related to divorce, custody of children, parental authority...
Nature of disputes | Is a lawyer obligatory? |
|---|---|
Contribution to the expenses of marriage | NO |
Change of marriage contract | YES |
Divorce and legal separation | YES |
Review of the compensatory benefit | YES |
Sharing (Community liquidation) | YES |
Parental authority (residence, maintenance...) | NO |
Withdrawal of parental authority | YES |
Right of access for grandparents | YES |
Delegation of parental authority | NO |
Guardianship of minors, emancipation, | NO |
Protection of victims of domestic violence | NO |
Paternity research, filiation challenge | YES |
Maintenance obligation towards relatives in the ascending line | NO |
Protection Litigation Judge
The protection litigation judge settles disputes concerning the protection of adults, residential leases, consumer credits and over-indebtedness.
Nature of disputes | Is a lawyer obligatory? |
|---|---|
Guardianship, guardianship, safeguarding, family empowerment | NO |
Future protection mandate (implementation) | NO |
Declaration of absence | NO |
Over-indebtedness | NO |
Residential leases, rents, eviction | NO |
Consumer credit | NO |
Enforcement Judge
The enforcement judge shall resolve difficulties relating to the enforcement of court decisions and challenges to the seizures.
Nature of disputes | Is a lawyer obligatory? |
|---|---|
Execution of a decision issue: dispute over €10,000 | YES |
Problem executing a decision: less than dispute €10,000 | NO |
Entries of earnings | NO |
Expulsion (time limits, winter break ) | NO |
Contestation of seizures | NO |
Seizure of real estate | YES |
Liquidation standby duty more than €10,000 | YES |
Liquidation standby duty less than €10,000 | NO |
Juvenile judge
The Juvenile Judge deals with the situations of minors in danger.
Nature of disputes | Is a lawyer obligatory? |
|---|---|
Educational assistance (family placement...) | NO |
Judicial measures to help manage the family budget | NO |
Total or partial withdrawal of parental authority | YES |
Social pole
The Social Center is responsible for settling disputes relating to general social security disputes (disputes between social security bodies and their social security policyholders: sickness, pensions, etc.)
Nature of disputes | Is a lawyer obligatory? |
|---|---|
Challenging social security decisions (contributions, benefits...) | NO |
Dispute of disability, incapacity or incapacity | NO |
Dispute regarding the Puma (ex-CMU) | NO |
Other procedure
Before the court, the lawyer is in principle mandatory.
However, there are some exceptions.
Nature of the dispute | Is a lawyer obligatory? |
|---|---|
Request more than €10,000 | YES |
Claim for compensation for physical damage | YES |
Dispute of undetermined amount | YES |
Tax or customs procedures | YES |
Electoral litigation, professional elections | NO |
Real estate seizure (auction only) | YES |
Refusal to issue the certificate of french nationality | YES |
Successions (challenge of will, sharing...) | YES |
Adoption (minor collected after 15 years) | YES |
Adoption (minor before 15 years of age) | NO |
Funeral | NO |
Order to pay (unless opposed) | NO |
Referred | NO |
Motion Order in Proceedings Without Mandatory Counsel | NO |
Order on motion in compulsory legal proceedings (finding of adultery for divorce for misconduct...) | YES |
Expropriation | YES |
Civi: titleContent and Sarvi: titleContent | NO |
Joint Rural Lease Court | NO |
Ex gratia procedure (rectification of civil status documents, organ donation...) | NO |
If your income doesn't allow you to pay a lawyer, you can apply for legal aid.
Appeals
Before the Court of Appeal, representation by attorney is required.
However, exceptions exist for the following procedures:
- Protection of adults (guardianship, guardianship, family empowerment...)
- Disputes prud'homal (representation may be provided by a union advocate)
- Over-indebtedness
- Placement of a child by the Juvenile Court
- Parental authority (delegation and partial or total withdrawal)
- Joint Rural Lease Court case
- Social cluster case
FYI
if your income does not allow you to pay a lawyer, you can apply for legal aid.
Before the Court of Cassation, representation by a lawyer to the Court of Cassation and the Council of State is mandatory.
However, there are exceptions in electoral matters.
Who shall I contact
FYI
if your income does not allow you to pay a lawyer, you can apply for legal aid.
For proceedings where the lawyer is obligatory before the court, the opposition must be done by a lawyer.
FYI
if your income does not allow you to pay a lawyer, you can apply for legal aid.
Establishment of a lawyer is compulsory
Review of the compensatory benefit
Non-lawyer representation mode
Representation before the Commercial Court
Exemption of lawyer
Establishment of a lawyer
Exemption of lawyer
Tax procedure
Representation before the Court of Appeal
Representation before the Court of Cassation
FAQ
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