Bring the matter before the local court (ex-local court)

Verified 03 October 2023 - Directorate for Legal and Administrative Information (Prime Minister)

You want to go to the local court? The local court has jurisdiction where the amount of applications is less than or equal to €10,000. The matter shall be referred to the Court by request or by subpoena.

We present you with the information you need to know.

The community court deals with most minor civil disputes in everyday life. For example: outstanding debts, non-compliant deliveries, poorly executed work, reimbursement of a product or service.

The local court has jurisdiction where the amount of applications is less than or equal to €10,000.

If you cannot quantify the value of your dispute (for example, if you request cancelation of a contract), you must to bring proceedings before the court of justice.

FYI  

Specific procedures exist to bring a case before the local court when your dispute concerns protection measures (for example, guardianship or trusteeship), residential leases, consumer credit, over-indebtedness. In this case, you must enter the protection litigation judge.

You can file an application with the court as a individual to act against another individual or against a professional (for example, a trader or craftsman).

Example :

You are buying an item from €500 put up for sale on the internet by another individual. You pay the seller, but the seller does not ship the item. You can take the matter to court to order the seller to pay you back €500.

Example :

A craftsman must carry out work at your home for an amount of €6,000. You pay a deposit of €600 to the craftsman, but the latter does not come to carry out the work on time. You can apply to the court to order the artisan to repay the deposit.

If you are an association or a professional, you can take action against an individual in the local court.

General case

The competent court shall be that from your opponent's home.

If your opponent does not have a known domicile or residence, you can file a complaint with the court of your domicile (or the court of your choice if you reside abroad).

Who shall I contact
Purchase of goods or services

You can go to court from your opponent's home (location of the trader, for example).

In terms of contract (purchase, rental, sale, provision of service...), you can also bring the matter before the court of the place of delivery or the of the place of performance the provision of services.

In terms of compensation for damage (not under contract), you can also go to court the place where you suffered the damage.

Who shall I contact
Insurance

General case

The competent court is that of the insured person's domicile.

Who shall I contact

In case of accident

The competent court shall be that of the insured person's domicile or that of the place where the accident occurred.

Who shall I contact

Home Insurance

The competent court is that of the place of the property concerned.

Who shall I contact

You must address your request to the judge of the local court.

If you ask for a interlocutory or a order on application, you must address your request to the president of the local court.

You must obligatory attempt a conciliation, mediation or a participatory procedure when your claims are less than or equal to to €5,000. This is also the case for certain specific disputes (e.g. abnormal neighborhood disorders, bordering actions, etc.).

You must file a complaint with the court by request, by subpoena or by joint request.

You can use the request only where the amount of the application does not exceed €5,000.

In determining the value of the dispute, the total amount of the claims must be taken into account. You may not be able to quantify the value of the dispute (for example, if you request cancelation of a contract). In this case, you must file a summons with the court.

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

Query

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

Who shall I contact

You can use the following template or write it on free paper.

Application for referral to the Court of Justice

You must attach to your request copies of your supporting documents (invoice, contract, quotation, proof of the attempt to reconcile...).

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

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...).

The completed request must be lodged or sent by post to the graft of the competent court.

Once the motion is transmitted or filed, you are notified by the court of the place, day and time of hearing. Your opponent is summoned by registered letter with notice of receipt.

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...).

An assignment template is available:

Assignment model without mandatory representation

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 the date of the hearing has been communicated by electronic means, the summons must be filed within two months of such communication.

Failure to comply with the time limits shall result in obsolescence of the assignment, that is, the assignment is null and you have to make a new one.

Joint Query

In agreement with your opponent, you can bring a joint motion before the court by submitting it to the Registry.

This request, signed jointly by the parties, must indicate the points of agreement and the points of disagreement.

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
  • 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.

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.

Who can help me?

Find who can answer your questions in your region

  • For more information

    Telephone administrative information - Allo Public Service

    • accès

      For more information on this topic, you can contact Allô Service Public.

      Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.

    • horaires
      • Lundi : de 08h30 à 17h30
      • Mardi : de 08h30 à 12h15
      • Mercredi : de 08h30 à 12h15
      • Jeudi : de 08h30 à 17h30
      • Vendredi : de 13h00 à 16h15

    • Request a call

      coût Service free
    • service

      The informants who answer you are from the Department of Justice.

  • For information

    House of Justice and the Law

  • For information

    Point-justice

  • To get assistance

    Lawyer

FAQ