Opposition to the order for payment :
The opposition to the order for payment is filed by the debtor who takes notice of the procedure.
To obtain an enforceable title, the injunction to pay procedure is the simplest and least expensive way.
The injunction to pay is a procedure that can be formidable if the debtor does not react quickly.
As soon as there is no reaction from the debtor, it will be sufficient for the creditor to have the executory formula affixed to the order for payment one month after the date of service.
Thus, within one month from the date of service, the creditor will no longer be able to oppose the order for payment.
The order has all the effects of a contradictory judgment and is not subject to appeal.
The order is the equivalent of a contradictory judgment rendered in the last resort, regardless of the amount of the claim.
The negligent debtor will have to respect the enforcement measures chosen by his debtor and will have to bear the costs.
If the debtor objects to the order for payment, the creditor will have to prepare an argument and go to trial.
Indeed, if there is opposition to the order for payment, the case is referred to the merits and will be the subject of an adversarial debate, according to the rules of the code of civil procedure.
The competent court will be the one designated in the request under Article 1408 of the Code of Civil Procedure.
When can an opposition to the order for payment be filed?
The debtor must oppose the order for payment before it becomes enforceable within a period of one month from its service.
The starting point of the time limit depends on how the order is served.
In short, if the bailiff delivers the order personally, the one-month period begins from the date indicated on the notice of service.
Otherwise, the one-month period starts to run from the date of the first enforcement measure that has the effect of making the debtor's assets unavailable in whole or in part.
It is imperative that the debtor has been informed of his right to object.
Therefore, only personal service or an act of execution that has had the effect of making the debtor's property unavailable can justify that the debtor has been informed of the order for payment. If the time limit has expired, the opposition is inadmissible.
This is why the appeal to the Supreme Court is possible in particular cases.
How to oppose the order for payment?
The debtor will file an objection with the judge or court that issued the order.
The opposition to the order for payment must be filed with the clerk of the court that rendered the decision, either verbally or by registered letter (Cf: Article 1415 paragraph 2. of the CPC). It is strongly advised to file an opposition by registered letter with acknowledgement of receipt.
The debtor must explicitly express his will to oppose the order for payment by contesting the amount of the claim or its existence. This opposition must be made by a lawyer, the debtor or by a representative.
The clerk's office will convene all the parties by registered letter with acknowledgement of receipt. The parties must appear at the time and date of the convocation of the hearing.
If no party appears, the order for payment will not be granted. It will therefore no longer be possible to obtain payment of the claim by means of the order for payment. If only the creditor fails to appear, the judge will declare the proceedings null and void. If it is the debtor who does not appear, the creditor can continue the proceedings and obtain payment.
The outcome of the proceedings on the opposition to the order for payment
At the end of the proceedings, a judgment is rendered and will replace the order for payment. In short, only the judgment will be served and may be appealed. It will be subject to opposition if it is rendered by default or otherwise to an appeal in cassation like all decisions rendered in the last resort.
The creditor may act to enforce his judgment once he has served the judgment, and if possible, after the appeal period.