By Raphaël MORENON
1 April 2025
A judgment handed down in your absence can have serious consequences. The law provides for specific remedies. Their application depends on the exact classification of the judgment. Strict time limits apply to these remedies. Failure to comply with them will make it impossible to challenge the decision. Identify the exact classification of the judgment The classification of the judgment determines the possible remedy. It is based on objective criteria, not on the wording of the decision. A default judgement meets two cumulative conditions: The decision is final The summons was not delivered to the person concerned A judgement deemed to be adversarial corresponds to two situations: The judgement is subject to appeal, regardless of the form of summons The judgement is not subject to appeal, but the summons was delivered to the person concerned Article 536 of the Code of Civil Procedure specifies: «The incorrect classification of a judgment by the judges who rendered it...
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