The order for payment

The application for an injunction to pay is one of the first steps in an attempt to collect a debt by legal means. It allows a creditor to obtain a writ of execution from his debtor. The request is made to the clerk of the competent court. It is a fast and non-contradictory procedure that forces the debtor to respect his commitments.

  • This request is made to the Commercial Court if the debtor is a company registered in the Trade and Companies Register.
  • This request is made to the court of first instance if the debtor is a private individual or an association for any claim of less than 10,000 euros
  • This request is made to the court of first instance if the debtor is a private individual or an association for any claim exceeding 10,000 euros

We offer to take care of this procedure at this address

In order to use a payment order, the invoice must:

  • To be certain, i.e. to have as origin a contract (purchase, loan, unpaid bill, rent, etc.)
  • Be liquid, i.e. of a specific amount in money and not a promise of service for example
  • To be due, i.e. to have arrived at its term and not to exceed a certain period(see our article on this subject)

For example, it is not possible to use this procedure to obtain payment of a NSF check.

There is no minimum amount required to initiate an order for payment procedure.

 

Service of the order for payment

Once the court's decision has been rendered, if the order for payment is accepted, it is the creditor's responsibility to have this order served by a bailiff within 6 months of the order's decision. The debtor then has a period of one month to lodge an objection.

If the judge refuses to issue an order for payment, no recourse is possible. On the other hand, the creditor can always decide to bring a lawsuit on the merits against his debtor by being accompanied by a lawyer.

Opposition to the payment order

Once the service is received the debtor has one month to object. If the debtor proves that the amount claimed is not correct, then it is legitimate to contest the order for payment. It is possible to contest the validity of the claim or that the requested invoice is abusive. Without new elements, it is very complicated to get the order for payment cancelled. It is also possible to demonstrate the irregularity of the service of the order.

This opposition will then open a trial with a hearing of both parties. The court will render a judgment which can be challenged on appeal when the amount in question exceeds 4,000 euros.

Enforcement of the decision: the executory formula

If the debtor does not formulate any opposition, it is possible to proceed to the collection of the debt (thanks to the affixing of the executory formula by the clerk of the court which gives the final value to the decision).

The enforcement of the order can only be done by a bailiff, he is the only one competent.

After researching the debtor ( see section 3), the bailiff will be able to proceed with the recovery of the sum by serving the debtor with a summons to pay, for example, or proceed with seizures on his bank account or directly on his salary if he is an individual. The bailiff must of course respect the rules of public order when he proceeds to seize the bank account,