The provisional summary judgement

The provisional injunction is an emergency procedure provided for by various legal texts and whose main advantage lies in its speed of execution. It is an action allowing to allocate an advance to the plaintiff creditor in the case where the existence of the claim is not contestable.

The essential condition for the effectiveness of this procedure is that your claim is not contestable.

To be recoverable by legal action, a debt must be certain (undisputed invoice), liquid (assessable in money) and due (due date passed).

The file must provide all the elements meeting these three fundamental criteria. It must include the documents justifying the reality of the debt (purchase order, delivery note, invoices, contract, reminder letters, formal notice...).

In the light of these documents, the judge in summary proceedings must be able to assess the reality of the claim without ambiguity.