The injunction to pay: instructions for use

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order for payment

In the most complex cases, it is possible to ask a judge to issue a payment order against the debtor. Recovering an unpaid debt can be done through a bailiff or a collection agency.

There is no minimum amount to initiate such proceedings.

It is possible to initiate the injunction to pay procedure, in case the claim arises from a contract or a statutory obligation. In both cases, the claim is registered in the contract or in the documents setting out the creditor's obligations.

In order to claim your debt through an injunction to pay, you must :

  • all the information from the KBIS (for legal entities)
  • the name and registered office of the company against which the claim is made
  •  the subject of the application for an order for payment
  • indicate the amount of the claim with details of the various elements of the claim and the reality of the claim.
  • all supporting documents proving the reality of the request (BDC, contract, unpaid invoice, formal notice letter, etc.).

When one of these documents is missing, the request is systematically rejected by the Judge.

There is no adversarial nature to the procedure. This means that the judge makes a decision based solely on the elements provided by the creditor or his representative, without taking the time to hear the arguments of the debtor.

If the request is justified, the Judge issues an " order for payment " for the sums he has withheld.

If the application is rejected, the creditor has no recourse, but can initiate a traditional legal procedure with the help of a lawyer.

The creditor is invited to transmit the order for payment to the debtor only by way of a bailiff at his own expense, by means of a certified copy of the application and the order. Upon receipt of the service of the order, the debtor has one month to contest it with the court that issued it.

If the creditor does not do so within six months, the effect of the injunction is inoperative.

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