Model letter inviting the debtor to participate in the simplified recovery procedure (Model document)

[Surname, first name of the Commissioner of Justice (former judicial bailiff and auctioneer)]

[Address of the study]

[Folder ID]

[Recipient's name, first name or business name]

[Recipient's full address]

[Date] Subject: Invitation to participate in a simplified recovery procedure pursuant to Articles L. 125-1 and R. 125-2 of the Code of Civil Enforcement Procedures

[Ma'Am, Sir]

As Commissioner of Justice, I have been mandated as of [date of mandate] by [Sir, Madam or corporate name of the creditor] remaining at [address or registered office of the creditor] in order to implement the simplified procedure for the recovery of small claims provided for in Article L. 125-1 of the Code of Civil Enforcement Procedures.

[Madam, Sir or corporate name of the creditor] indicates to me that I am a creditor against you for a total of [total amount claimed] based on [basis of claim: date of the contract or obligation of a statutory nature] and consisting of:

- [total principal amount]

- [total amount of interest] .

You are free to accept or reject this procedure.

I invite you, if you agree to participate in this simplified recovery procedure, to express your agreement as soon as possible and at the latest within one month from the sending of this letter:

- either against your signature, by yourself or by any person whom you have instructed for this purpose, to the study of the Commissioner of Justice whose contact details appear at the top of this letter

- or by sending by post the acceptance form which you will find annexed to this. This sending can also be done electronically by connecting you to the www. small claims. fr platform with the following provisional identifiers, specially created for you and that you can modify after your first connection:

- [temporary credentials platform connection]

- [temporary password]

You may also refuse to participate in this procedure by sending the refusal form that you will find attached to this document or by any other means demonstrating your refusal.

Your failure to reply within one month from the date of sending this letter will constitute an implied refusal to participate in this procedure.

In the event of an express or implied refusal, the creditor may apply to the judge for an enforceable title against you.

[signature and seal of the commissioner of justice]

What are the texts applicable to this procedure?

The following are the legal texts applicable to the simplified procedure for the recovery of small claims.

Article L. 125-1 of the Code of Civil Enforcement Procedures:

A simplified procedure for the recovery of small claims may be implemented by a Commissioner of Justice at the request of the creditor for the payment of a claim having a contractual cause or resulting from an obligation of a statutory nature and less than an amount defined by decree in the Council of State.

This procedure shall take place within one month of the dispatch by the Commissioner of Justice of a registered letter requesting notice of receipt or of a message transmitted by electronic means inviting the debtor to take part in this procedure. The agreement of the debtor, established by the Commissioner of Justice, suspends the limitation period.

The Commissioner of Justice who has received the agreement of the creditor and the debtor on the amount and the terms of the payment shall issue, without further formality, an enforceable instrument.

The costs of any kind arising from the proceedings shall be borne exclusively by the creditor. A decree in the Council of State shall lay down the detailed rules for the application of this Article, in particular the rules for the prevention of conflicts of interest when the Commissioner of Justice issues an enforceable instrument.

Article 2238 of the Civil Code:

The limitation period shall be suspended (...) upon the agreement of the debtor established by the Commissioner of Justice to participate in the procedure provided for in Article L. 125-1 of the Code of Civil Enforcement Procedures.

(...) In the event of failure of the procedure provided for in the same article, the limitation period shall begin to run again from the date of the refusal of the debtor, established by the Commissioner of Justice, for a period which may not be less than six months.

Article L. 111-2 of the Code of Civil Enforcement Procedures:

The creditor with an enforceable instrument establishing a claim which is receivable in cash and due may continue to enforce its enforcement against the debtor's property under the conditions peculiar to each enforcement measure.

Article L. 111-3 5° of the Code of Civil Enforcement Procedures:

Only enforceable titles are: (...)

(5) The title issued by the Commissioner of Justice in the event of non-payment of a check or in the event of an agreement between the creditor and the debtor under the conditions laid down in Article L. 125-1 (...) ".