Opposition to an order for payment is a simple procedure that you need to understand to protect your interests.
What is a payment order?
An injunction to pay is a simplified procedure which enables a creditor to obtain a writ of execution to recover a debt. It is initiated at the request of the creditor to the judge, without the debtor being informed or heard beforehand. This procedure is only possible when the facts are simple for the judge to grasp (e.g. unpaid invoices).
If the judge grants the application, he will issue the creditor with an order for payment, which will be served on the debtor by a bailiff. The debtor then has one month from the date of service to lodge an objection to the order. meaning or from the first act of execution that has the effect of rendering all or part of the debtor's assets unavailable.
How does opposition to an order for payment work?
L'opposition must be made by the debtor by simple declaration to the court registry. The effect of this is to refer the matter to the court again, this time in the presence of both parties. The dispute is then examined on its merits, the payment order is rendered ineffective and the debtor has the opportunity to discuss the merits of the claim.
Where the order for payment has never been served personally, opposition remains possible as long as it has not been served, or as long as no act of execution has been carried out that has the effect of rendering all or part of the debtor's assets unavailable.
In practice, it is quite common for an order for payment never to have been served on anyone and for no enforcement action to have been taken for several years. Our firm is often called upon to deal with cases in which valid objections may have been made 18 or 19 years after the order was issued...
Objections do not need to be justified.
It suspends enforcement, which means that recovery of the sums charged to the debtor by the order for payment can no longer be pursued from the date of the opposition (article 1422 of the code of civil procedure).
The procedure up to the judgment
Once the opposition has been filed, the court registry will summon the plaintiff and defendant to a hearing, at which their respective arguments will be exchanged.
If the judge considers the opposition unfounded, he will dismiss the opposing party. The debtor can then be forced to pay its debt by any legal means.
On the other hand, if the judge considers that the opposition is justified, he can modify all or part of the terms of the order.
In both cases, the judge will issue a judgment that will replace the order for payment: "The court judgment replaces the order for payment. (article 1420 of the code of civil procedure).
The procedure for opposing an order for payment is an essential right for debtors. For effective defence of your interests and support tailored to your situation, don't hesitate to call on the services of a lawyer specialising in debt collection.
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