The order for payment procedure may be initiated, whatever the amount, in one of the following:

• The claim is from a contract. The amount of the debt must be entered in the contract. For example, it may be a purchase from a merchant, a loan, an unpaid invoice, a bank overdraft, an acknowledgement of debt, an unpaid rent, a surety.
• The claim is derived from a statutory obligation. For example, condominium expenses or membership in an organization that is required to be a member by statute, such as a pension fund.

• The claim is derived from a commercial act. It can be a bill of exchange, one promissory note, an assignment of a business receivable (Dailly slip).

The claim shall not be prescribed. It must be certain, liquid and payable, i.e. it cannot reasonably be contested by the debtor. It must have expired and its amount must be determined.

You can use a cerfa form to apply to the court.

The form to use depends on your claim.

The form must contain the following information:

• For the applicant natural person, surname, forename, occupation, domicile, nationality, date and place of birth
• For the applicant legal person, form of the business, name, legal representative and address of the registered office
• Name and permanent address of the person against whom the application is made, or, in the case of a legal person, his name and address of his registered office
• Subject matter of the request
• Amount of the sum claimed with the statement of the various elements of your claim (interest, penalty payment...) and the reason for it

The form must be accompanied by a list of supporting documents proving the validity of the request (purchase order, contract, unpaid invoice, letter of formal notice, e-mail, recovery letter, etc.).

If you wish, you may request that the case be referred directly to the court you consider competent in the event of opposition of your debtor.

If your order for payment concerns more than one debtor, you can also apply for a conviction joint and several.

The request must be sent or submitted to the graft of the competent court.

The competent court depends on the dispute:

• If the dispute concerns private individuals or a individual and professional, the competent court shall be the court of law.
• If the dispute concerns 2 professionals (traders, craftsmen...) the competent court is the commercial court.

You can make the request yourself or load a lawyer, one Commissioner of Justice or a representative to do it for you.

There's no no audience and the procedure is pitch contradictory, that is, the judge makes a decision based solely on the produced items by the creditor, without hearing the debtor's arguments.

The creditor must signify the application and the order for payment by a Commissioner of Justice, to each debtor.

The debtor may access for free the supporting documents annexed to the request by electronic means via the following platform:

Mespieces.fr

If these documents cannot be made available on the platform, the Commissioner of Justice must attach them to the application when it is served.

The document of service shall contain in particular the following information:

• Summation to pay to the creditor the amount specified in the order and the interest and costs
• Time limit and form of opposition
• Court before which an opposition may be brought
• Warning to the debtor that he can read the documents at the Registry
• Information that, in the absence of opposition within the time limit, he may no longer appeal.

The debtor has1 month from significance the order for an injunction to opposition to the court.

If service has not been effected on the person, this period of 1 month shall begin from the date of the document of execution (e.g. a notice of seizure on a bank account).

Opposition must be made to the court that issued the decision :

• or by going to graft,
• or by sending in RAR: titleContent one request (on free paper or using the form cerfa no. 15602).

All relevant documents (copy of the order received, references on the decision, etc.) must be attached.

The court shall summon the parties and examine the application.

After attempting to reconcile the parties, the court issues a judgment that replaces the order for payment.

The parties may contest the judgment in appealing, if the amount of the request is greater than €5,000.

If the amount does not exceed €5,000, they may to appeal before the Court of Cassation.

If the debtor does not contest the order for payment at the end of the period of 1 month after service, the creditor may enforce the order.

The creditor may apply to the court registry for a certificate of absence of opposition. This certificate shall certify that the decision may be execution.

Application for a certificate of non-opposition

The debtor may pay on his own initiative or at the request of the creditor.

If the creditor encounters difficulties in recovering his claim, he must contact a Commissioner of Justice for the implementation of the order. For example, the Commissioner of Justice conducts a seizure of movable property or to a bank account entry.

Order for payment procedure

The lawyer is not required to make an order for payment.

Objection to the order for payment

In the event of opposition for claims exceeding €10,000, the lawyer is obligatory to defend themselves before the court of justice or the commercial court.

However, it is not mandatory before the protection litigation judge, regardless of the amount.