Payment injunction procedure
The injunction to pay is the most appropriate procedure to initiate when a customer refuses to pay an invoice for a good or a service rendered. This legal procedure is the one that is generally used when the amicable phase has not produced any result. It has an undeniable advantage, since it is"non-adversarial. This means that the collection of your debt can be done by a simple court order and not following a hearing between the two parties.
The case of a debt in France:
It is possible to use the injunction to pay to obtain the payment of a debt if your debtor refuses to pay. It is a simplified and fast judicial procedure, which can be used when the debt has for origin a contract. The competent court depends on the nature of the debt but also and especially on the nature of the debtor.
The case of a debt in Europe:
It is possible to use the European order for payment to obtain payment of a cross-border debt when the person who owes you money refuses to pay. It is a simplified judicial procedure whose cost depends on the country but also often on the amount of the debt. It is based on the use of standard forms specific to each country.
It is possible to initiate an injunction to pay procedure, in case the debt is issued :
- a contract (purchase of goods or services) or an obligation (unpaid invoice, credit, bank overdraft, rent...).
- a bill of exchange, a promissory bill, the acceptance of an assignment of a professional debt (Dailly slip).
Writing the request
The request must contain the following information:
- Full name,
- Date and place of birth
- For legal entities (Name, Legal form, Siret, Legal representative, address)
- Name and domicile of the person against whom the claim is made, or, if it is a legal person, its name and registered office
- Purpose of the request
- Amount of the sum claimed with the breakdown of the different elements of the claim and the basis of the claim
It must be accompanied by all supporting documents proving the validity of the request (purchase order, contract, unpaid invoice, letter of formal notice, etc.).
If any of the information is missing, the application will be rejected.
Filing of the request
It is strongly recommended to have a professional accompany you in the drafting of this request to maximize the chances of success. Click here to see our offer.
The competent court depends on the type of dispute.
If the debtor is an individual :
The form must be sent to the judicial court or the local court.
The competent court is the one of the debtor's domicile (or registered office).
There are nevertheless exceptions, in fact in case ofof unpaid condominium charges the competent court is the one of the place where the building is located.
If it is about unpaid rents :
A request must be made to the judge in charge of litigation for protection. The competent court is the one of the debtor's domicile. debtor.
If the debtor is a professional :
The request must be addressed to the commercial court.
Issuance of an order to pay
The procedure is not adversarial, which means that the judge can make a decision based solely on the elements provided by the creditor, without hearing the debtor's arguments.
If the judge considers the application justified, he or she will issue an "order for payment"for the amount he or she deems appropriate.
If, on the contrary, the judge rejects the request, there is no appeal possible. On the other hand, he can initiate a classic judicial procedure.
Attention:it is up to the creditor to transmit the order for payment to the debtor through abailiffThe creditor has 6 months to serve the order on the debtor. The creditor has 6 months to serve this order
Challenging the order
The opposition must be addressed to the court that rendered the decision, either by going to the clerk's office or by mail by registered mail. It is advisable to attach all the useful documents (copy of the injunction received, references appearing on the decision...).
The court then summons the parties. After attempting to reconcile them, a judgment is rendered.
Representation by a lawyer is mandatory for claims over €10,000. On the other hand, it is not compulsory before the judge in charge of protection litigation, regardless of the amount.
This judgment can be challenged before the Court of Appeal by the creditor or the debtor, if the amount of the claim exceeds €5,000.
Enforcement of the order
If the debtor does not contest the order to pay at the end of the one-month period, the creditor can ask the clerk's office to affix the executory formula to the order. This order then has the value of a judgment.
To enforce the order, the creditor must contact a judicial officer.