By Raphaël MORENON
28 March 2025
The order for payment procedure often remains mysterious until its final stage: the signing of the formule exécutoire. This is when a simple piece of paper becomes a formidable legal weapon. The executory clause: the creditor's key word A mandatory deadline The creditor has a period of one month following expiry of the opposition period (or the debtor's withdrawal) in which to request that the executory clause be affixed. This time limit is strict. If the creditor delays too long, article 1423 of the Code of Civil Procedure (CPC) provides that the order will be null and void. In practical terms, the creditor must : Apply for the order to be affixed without any particular formality Send the application to the clerk of the relevant court Respect the one-month time limit Case law has gradually hardened its stance on early applications. According to the Court of Cassation (2nd Civil Division, 10 January 2008, no. 07-10.508), the enforcement order cannot be affixed until the opposition period has expired. A deliberate move away from the courts...
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