When you are unable to recover a sum of money owed to you out of court, you can resort to an order for payment procedure. This is a “non-adversarial” procedure. As a result, the collection of the debt can be carried out by simple court order without having recourse to a hearing which would bring together the two parties.

The payment order is a particularly effective legal recovery. Indeed, it makes it possible to put pressure on a debtor for whom the invoice remains unpaid. This is a rather simple and inexpensive procedure.

However, decree no. 2021-1322 of October 11, 2021 modified the payment order procedure. What changes have been made to the order for payment procedure by this decree? The lawyer in intellectual property law in Paris answers you.

The payment order procedure

The payment order procedure is suitable for commercial claims and civil claims. Trade receivables are debts between two professionals. As for civil claims, these relate to relations for which one of the parties is formed by an individual (a company and a consumer for example).

Used as a last resort, the order for payment procedure must follow amicable collection attempts (telephone calls, reminder letters, formal notice).

What are the conditions for using the order for payment procedure?

In order to be able to use an order for payment procedure, the claim must be:
Contractual: it must follow a contract (rental contract, loan contract, etc.)
Determined by an amount: the amount of the debt must be specified
Due: the payment period should have expired
Recognized before the end of the limitation period. The limitation period for a purchase between a business and a consumer is 2 years. Between professionals, the period is 5 years.

The order for payment procedure makes it possible to obtain a court decision on the elements that the creditor can communicate. Thus, he must be able to compile his file with the following documents:
CERFA form no. 12948*06
Copies of unpaid invoices
Proof of customer commitment (purchase order, signed quote, etc.)
Copy of the formal notice and its acknowledgment of receipt
List of supporting documents

Also, the request must be able to mention the following information:
Last name and first names,
Occupation,
Residence,
Nationality,
Date and place of birth
Name, legal form, SIRET, address (if it is a company)
Name and domicile of the person against whom the claim is made
Object of the request
Amount of the sum due with the breakdown of the various elements of the claim

The creditor must send his request to the court of law if his client is an individual or to the commercial court if his client is a company. The competent court is always that of the place of domicile or the registered office of the debtor.

The court's decision comes one to two weeks after the seizure.

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The court decision orders the debtor to fully settle his debt

In this case, the court sends a payment order which mentions all the sums which must be paid by the debtor (amount of the invoice, interest on late payment, court costs).

As a result, the creditor must contact a bailiff to notify the debtor of the court's decision. The creditor has a period of 6 months to have the order served. The costs of recourse to a bailiff are at the expense of the creditor.

The judge issues an order of partial acceptance or partial rejection of the request

In this context, the judge issues an order injunction to pay part of the amount requested by the creditor. For example, for a request of €3,000, the judge can only grant an order for an amount of €800.

The creditor then has the possibility:
Not to accept the judge's decision and to pursue common law proceedings in order to recover the total amount of the sum owed by the debtor.
To accept the order and to collect only part of the sum requested.

See as well :
Can we have our foreign supplier judged in France? : https://roquefeuil.avocat.fr/litige-fournisseur-internet/

Court issues dismissal order

If the judge considers that the request is unfounded, he can reject the request for an order for payment.

No recourse is then possible for the creditor. He can then, if he wishes, pursue recovery by summons or in summary proceedings.

Application of the court decision

Following the judge's decision, the creditor has a period of 6 months to appeal to a bailiff who will bring the order to the attention of the debtor.

For his part, the debtor has a period of 1 month to contest the judge's order. This period allows the debtor and the creditor to present their arguments before a judge. The objection must be addressed to the court that issued the decision. This can be done by post by registered letter with acknowledgment of receipt or by going to court. For claims over €10,000, representation by a lawyer is mandatory. If the judgment is for an amount greater than €5,000, the judgment can be challenged before the Court of Appeal by the debtor, like the creditor.

The recovery of the debt can be carried out in two scenarios:
The debtor pays the full amount mentioned on the order, which allows the case to be closed,
The debtor does not pay his debt, in this case, the bailiff can be seized in order to proceed with a bailiff's seizure.

International Chambers of Commerce: https://roquefeuil.avocat.fr/international-arbitration-international-commercial-chambers-of-paris/

Order for payment procedure: what is the cost?

The order for payment procedure is free when it is of a civil nature. However, a seizure of the commercial court in the context of an injunction to pay a commercial debt is accredited with court costs of up to €35.21.

Are you a creditor and are you faced with an invoice that has remained unpaid by a debtor? Are you a debtor and do you want to contest a payment order? Pierre de Roquefeuil, a lawyer specializing in intellectual property law in Paris, accompanies you to advise you and defend your interests.

Order for payment procedure: changes made by decree no. 2021-1322 of October 11, 2021

Decree No. 2021-1322 of October 11, 2021 entered into force in order to modify the order for payment procedure.

The regulatory amendments allow the court to issue an enforceable order to the creditor. Consequently, the creditor will no longer have to request the judge again, as was the case before the modification of the procedure.

Thus, since the application of decree n°2021-1322 of October 11, 2021, of the decree of February 25, 2022 modifying the previous one, and the modification of article 1411 of the code of civil procedure, the texts provide that:
“A certified true copy of the request accompanied by the list of supporting documents and the order bearing the enforcement form is served, on the initiative of the creditor, on each of the debtors. The judicial officer provides the latter with the supporting documents electronically according to the procedures defined by order of the Keeper of the Seals, Minister of Justice.

If the supporting documents cannot be made available electronically for a reason unrelated to the bailiff, the latter attaches them to the copy of the request served.

The payment order is null and void if it has not been served within six months of its date. »

Thus, the legislative texts provide for the communication to the debtor of documents by electronic means. This from a secure web application "My pieces" (http://mespieces.fr).

In application of the latest measures relating to the order for payment, the judicial officer must ensure that the documents remain available at least one month after the notification of the request.

Order for payment procedure: the new provisions lack precision and completeness on certain points

The new provisions relating to the order for payment procedure lack precision and completeness.

Indeed, first of all, the decree of February 24, 2022 taken in application of article 1411 of the code of civil procedure does not provide for a formal extension of access to documents when service has not been made on the debtor. Consequently, "the opposition is admissible until the expiry of the period of one month following the first act served on the person or, failing that, following the first execution measure having the effect of rendering unavailable in whole or party to the property of the debtor" (Article 1416 of the Code of Civil Procedure, paragraph 2).

Then, no alternative is provided for the debtor who does not have the possibility of access to the computer tool. This omission contradicts the recent report published by the Defender of Rights on February 16, 2022. The aim of this report is to combat inequalities in access to rights caused by digitized procedures.

Would you like to be accompanied by a lawyer specializing in IT contract law in order to obtain advice in the context of unpaid bills? Pierre de Roquefeuil, a lawyer specializing in IT law in Paris, supports you to advise you and to ensure that your interests are respected.

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