Refer to the protection litigation judge (consumer credit, lease)

Verified 03 October 2023 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

You have a dispute about your residential lease or refund of a consumer credit ? The protection litigation judge can settle this type of dispute. We explain how to request a trial before this judge.

The protection litigation judge is a specialized judge the court of justice and the local court.

You can bring your case before this judge if your dispute concerns a consumer credit.

For example, if you are a borrower, the protection litigation judge can resolve your disagreement with your bank about repayment of your consumer credit.

You can also take your case to the protection litigation judge if your dispute concerns a dwelling lease.

For example, if you are a tenant, the protection litigation judge may decide a disagreement you encounter with your tenant. lessor on the return of the security deposit. For example, if you are a landlord, the litigation judge may order your tenant to pay unpaid rent.

Warning  

You can also refer the case to the protection litigation judge protection of adults, of over-indebtedness or of expulsion. For these disputes, you must use specific procedures.

You can refer to the protection litigation judge by request, by subpoena or by joint request.

You can use query only when the amount of your requests does not exceed €5,000.

To determine the value of your dispute, you must consider the total amount of your claims.

If you agree with your opponent to have your dispute decided by the judge, you can make a joint motion, even if the amount of requests exceeds €5,000.

You must obligatory attempt conciliation, mediation or participatory proceedings where your claims are less than or equal to to €5,000.

Warning  

there are specific procedures to refer your claim to the protection litigation judge protective measures or the over-indebtedness.

Query

You can prepare the application yourself or ask a lawyer to do so.

Who shall I contact

You can make your request on free paper or use the following form:

Application for referral to the protection litigation judge

You must attach copies of your supporting documents (invoice, contract, quotation, etc.) to your request.

The query should include the following:

  • Full identity of the parties
  • Court seised
  • Purpose of the claim (damages, delivery of property, cancelation of a contract...)
  • Grounds for the dispute
  • Company steps towards an amicable resolution of the dispute or the justification for waiving such an attempt
  • Parts List

You must encrypt your requests (€100 damages, for example).

The request must be dated and signed.

FYI  

it is possible to ask for a sum corresponding to the costs you had to incur for the procedure (travel expenses, stamps...).

Once the application is forwarded or filed with the court, you are informed by the graft the place, day and time of the hearing. Your opponent is summoned by registered letter with notice of receipt.

You can request that the procedure proceed without a hearing using the following form:

Consent to the conduct of the proceedings without a hearing - Oral proceedings before the court or the protection litigation judge

Assignment

You can go to court by having your opponent deliver a subpoena by a commissioner of justice.

Your assignment must include mandatory information:

  • Appointment of the competent court
  • Place, day and time of the hearing (information to be obtained from the court)
  • Purpose of the claim (damages, delivery of property, cancelation of a contract...)
  • Full identity of the parties
  • Grounds for the dispute
  • Parts List
  • Company steps towards an amicable resolution of the dispute or the justification for waiving such an attempt
  • How your opponent will appear before the court, i.e. if he has to take a lawyer, within what time frame
  • Consequences if your opponent does not appear

You must encrypt your requests (€100 damages, for example).

The assignment is your conclusions, i.e. your requests and your arguments.

FYI  

it is possible to ask for a sum corresponding to the costs you had to incur for the procedure (travel expenses, stamps...).

The summons may be drafted by a lawyer.

Who shall I contact

You can request in your summons that the proceedings proceed without a hearing.

The summons must be filed in court at least 15 days before the hearing date.

If you don't meet the deadline, your assignment lapses, meaning that the assignment is null and void and you have to make a new one.

Joint Query

In agreement with your opponent, you can bring a joint motion before the protection litigation judge.

This request, signed jointly by you and your opponent, must indicate the points of agreement and the points of disagreement.

The joint request shall include the following:

  • Full identity of the parties
  • Court seised
  • Purpose of the application (return of a security, cancelation of the credit ...)
  • Grounds for the dispute
  • Parts List

It must be dated and signed.

The proceedings may take place without a hearing. In this case, the joint application must include the agreement of the applicants.

FYI  

to obtain urgent interim measures, while awaiting the main trial, you can use a interim proceedings.

There is at least one protection litigation judge in each court and in each community court.

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Dispute concerning a lease contract

You must bring the protection litigation judge of the judicial (or proximity) court of the location of the rented property.

Who shall I contact

Dispute concerning a consumer credit agreement

You must bring the protection litigation judge of the judicial (or proximity) court of the place of domicile of the debtor.

Who shall I contact

The procedure before the court is free.

However, the costs incurred by you for the work of your lawyer or the Commissioner of Justice are borne by you. If you don't have enough resources, you can legal aid to cover all or part of these costs.

Please note

If you lose your business, you are normally ordered to pay back the costs of the trial to your opponent. That's what we call the costs.

Application for referral to the protection litigation judge

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