By Charlotte GAUCHON
9 August 2023
The primary aim of the order for payment procedure is to surprise. First we condemn, then we discuss. Eventually. In many cases, the discussion does not begin until an enforcement order is issued, such as a summons to pay for the purposes of seizure and sale. At that point, the surprise effect reaches its climax, and the litigant wonders: can the debt really be seized without having received the court decision condemning him and without having been able to explain himself? In accordance with article 503 of the Code of Civil Procedure, judgments must be served before they can be enforced. In the case of an order on application, compliance with the principle of contradiction requires, firstly, that a copy of the application and the order be given to the person against whom it is directed prior to enforcement of the measures it orders. It also requires that the order...
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