The application for an order for payment

When can I use the judicial collection procedure of injunction to pay?

When you are certain that you have been "refused" payment by a debtor, the injunction to pay procedure can be very effective.

This is a so-called "simplified" procedure that will allow you to win your case in the recovery of your debt.

This Claim may be the result of:

• of a contract ;
• of an obligation of a social nature such as, for example social security contributions for a specific and certain amount.
• D'a trade receivable resulting from the subscription or signature of a means of payment such as an LCR, a BO or any other assignment of receivables such as a "Dailly" slip

To which judge should I to address my application or formulate my request for an order for payment ?

You must fill out a specific CERFA form.

The form must be sent to the Court of the place where your debtor works.

The competent Courts are defined according to the quality and nature of the claim that is the object of of the request in injunction to pay :

• You will therefore apply to the litigation and protection judge if your application that concerns unpaid rents unpaid rent or the claim is related to consumer credit consumer credit.

Example: Your tenant, under a residential lease that you signed with him, does not pay you the rent. You will have to seize this judge.

• You will address to the President of the court to forward your request when to the President of the Judicial Court to transmit your request when is the amount of your claim is of a civil nature

Example: Dn In the case of an IOU signed by a close friend or family member, you cannot get your money back. The order to pay will be obtained from the Court of Justice.

• You should apply to the President of the Commercial Court of the place of your debtor of the court for a commercial debt, whatever the amount

Example : within the framework of your commercial activities, if you sell a piece of equipment and your debtor is late in paying you the balance, your request will be addressed to the President of the Commercial Court of the place of your debtor, unless a clause in your GTCs can replace the place with the Commercial Court of the seat of your activity of your activity.

In order to locate and obtain the address of the competent Court you can go to this website https://www.justice.fr

How and where to submit your application for an order for payment ?

In order for your request to be accepted, it must be in writing and a certain number of documents must be attached. (We example, contracts, quotations, purchase orders, or any other document allowing to understand the origin of the debt...)

• ThusIn order to formulate your request, the CERFA n°12948 or n° 16040 entitled "application for an injunction to pay before the president of the judicial court " and and " application for an injunction to pay before the judge of the protection litigation judge" for applications relating to civil relating to civil litigation.
• But also the form n°12946 named " application for an injunction to pay to the president of the commercial court commercial court" for the files and claims commercial cases and claims.

You can use the Registry's online services :

http://www2.infogreffe.fr/infogreffe/jsp/ip/fonctionnementIP.jsp

However, it is advisable to be accompanied by a professional partner who will be able to guide you but who also knows perfectly well the subtleties and workings of such a request which, if not carried out correctly, may result in the rejection of your request for an order for payment which will force you to go through the classical legal channels.

The simplest solution seems to be to connect to the LEGALCITY!

https://legalcity.fr/injonction-de-payer/

In just 5 minutes and 3 simple steps, you can formulate your request and Legalcity's lawyers will take care of everything and assure you a success rate of nearly 95%!

LEGALCITY is an online Amiable and Judicial Debt Collection Agency which, thanks to its partnership with a network of competent bailiffs (for enforcement) all over France and Europe, ensures a perfect treatment and follow-up of your debt and provides you with a customer area allowing you to follow in real time the progress of your case until enforcement.

Agents are available by phone, chat and email and are committed to answering your questions within the hour.

In terms of cost, the digitalization of exchanges and the automation of the processes developed allow creditors to obtain the lowest fees on the market, much cheaper than if they were to contact a bailiff or a lawyer directly.

The consequences of sending the application for an order for payment

When the Judge decides in a sovereign manner and without any "contradictory" that your request is not founded or insufficiently justified, he renders what is called an order of rejection which is not subject to appeal. In other words, if he rejects your request, you will only be able to act according to the classic and common legal ways. Without the assistance of a professional, it is not uncommon to obtain a rejection...

On the other handwhen the latter accepts the request for an order for payment he issues an order, This order can correspond to the totality of the sums requested but can also be partial.

Once you have the order for payment in your pocket, you benefit from a period of of 6 months to inform your debtor of this order and his obligation to regularize the situation. It is a prerequisite to serve the order through a bailiff who is the only one authorized to serve the documents.

Once service has been effected, the debtor is given a period of one month to contest the order by way of opposition.

After the one month period and in the absence of opposition, the enforcement formula will be requested on the order to the Court and the seizures can be made on the bank accounts!

► In the event that the order is challenged by the debtor:

The opposition must be filed with the Court by registered letter to the court if the claim is for a sum of less than 10,000 Euros, the Court the Commercial Court or the Judge of Protection Litigation:

A Once the objection is received by the Tribunal, a hearing date will be set.

It is important to note that any decision opposition by the court replaces the original order for payment. original order for payment.

This decision can be contested before the Court of Appeal for sums over 5000 Euros and before the Court of Cassation when the sum is lower.

► In the case where the debtor does not contest the order by way of objection:

After the one month period and in the absence of an opposition, the request for the enforcement of the order to the Court is made by simple letter.

This executory formula remains necessary to obtain and initiate the forced execution of the order for payment.

LEGALCITY will accompany you from the beginning of the procedure and will find among its partner bailiffs the one who will allow you to serve the enforceable order for payment at a lower cost and then, in the absence of payment, to obtain the sums due by way of forced execution.

For more information on legal proceedings:

https://legalcity.fr/recouvrement-de-creance-le-guide-complet/