The enforcement order
The writ of execution is essential to obtain the forced execution of one's rights. It is a legal act within the procedure aiming at enforcing the rights of the individual.
What do I need to know about the writ of execution?
The enforceable title is a legal act officially establishing a right and allows its holder to demand its forced execution. In general, it is a creditor who wishes to obtain the forced execution of his debt. There are several documents that have enforceable value. Article L 111-3 of the Code of civil enforcement procedures lists them:
- Decisions of the courts of the judicial or administrative order when they are enforceable, as well as agreements to which these courts have conferred enforceability;
- Foreign deeds and judgments as well as arbitration awards declared enforceable by a decision that is not subject to an appeal suspending enforcement, without prejudice to the applicable provisions of European Union law;
- Extracts of conciliation reports signed by the judge and the parties;
- Notarized deeds bearing the executory formula;
- The agreements by which the spouses mutually consent to their divorce by act under private signature countersigned by lawyers, deposited in the minutes of a notary according to the modalities provided for in article 229-1 of the civil code;
- The title delivered by the bailiff in case of non-payment of a check or in case of agreement between the creditor and the debtor under the conditions provided for in article L. 125-1 of the same code;
- Instruments issued by legal persons of public law qualified as such by law, or decisions to which the law attaches the effects of a judgment.
Most often, enforceable titles are judgments issued by civil judges or notarial deeds.
These legal documents can be issued more or less quickly. In the context of an emergency procedure, such as in summary proceedings, the judge may issue an enforcement order within a short period of time. In other situations, such as in the case of an IOU, the deadlines will be longer.
What is the scope of an enforcement order and how long is it valid?
The writ of execution is an essential element. Very often, it allows to launch a procedure or to enforce the right(s) of its holder without having to go before the civil courts. Once in possession of a writ of execution, the private individual can turn to a bailiff.
The holder of a writ of execution has a period of ten years to enforce his rights, "except if the actions for the recovery of the debts established therein are prescribed by a longer period" according to article L. 111-3 of the Code of Civil Enforcement Procedures.
In the event of a dispute, how can I demand it?
In the event of a dispute, several opportunities are available depending on whether or not the individual is in possession of an enforceable title.
- Initially, if the private individual is in possession of an enforceable title, he will be able to ask for its execution by a bailiff. Litige.fr has a network of partner bailiffs and can put the individual in touch with a competent professional.
- If he is not in possession of an enforceable title, he can first try to resolve his dispute amicably, by sending a letter of formal notice. If there is no response, he can send a legally motivated letter, a letter of formal notice, which will allow him to initiate a procedure if there is no response. Litige.fr allows you to carry out all of the steps online, from sending a formal notice of default to taking the case to the Court of First Instance.
