The order for payment procedure: stages and competent courts

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Payment orders is an effective tool for creditors seeking to recover uncontested debts. This fast-track procedure makes it possible to obtain a writ of execution without going through a traditional trial. Let's take a look at the key stages of this procedure.

Competent courts

Jurisdiction

Jurisdiction to hear applications for an order for payment is divided between several courts depending on the nature and amount of the claim.

Since the reform introduced by law no. 2019-222 of 23 March 2019 and decree no. 2019-1333 of 11 December 2019, the judicial court has replaced the tribunaux d'instance and tribunaux de grande instance. For civil claims, the judicial court has jurisdiction, with a distinction depending on the amount of the claim:

• For claims less than or equal to €10,000: the judge of the judicial court rules
• For claims in excess of €10,000: the president of the judicial court or his delegate has jurisdiction

For commercial claims, whatever their value, the President of the Commercial Court retains jurisdiction.

There is a special case in Alsace-Moselle, where payment orders relating to commercial claims are divided between the courts depending on whether or not the amount exceeds €10,000.

Territorial jurisdiction

Article 1406, paragraph 2 of the Code of Civil Procedure is categorical: "The court with territorial jurisdiction is that of the place where the debtor or one of the debtors being sued resides". This rule is a matter of public policy, and the court must declare of its own motion that it does not have jurisdiction.

Where there is more than one debtor, the creditor may choose the court for the place where any one of them is domiciled. The text uses the concept of "residence" rather than "domicile", which broadens the possibilities. According to article 43 of the Code of Civil Procedure, "domicile" means :

• For a natural person: their domicile or, failing that, their residence
• For a legal entity: the place where it is established

In particular, this rule excludes the jurisdiction of the court of the place of delivery or performance of the service, unlike the options offered by Article 46 of the Code of Civil Procedure for ordinary proceedings.

Special cases

Exemptions exist for certain specific claims:

• For co-ownership charges: article 60 of decree no. 67-223 of 17 March 1967 gives jurisdiction to the court for the location of the building.
• For the reimbursement of unemployment benefits: Article R.1235-3 of the French Labour Code provides for the exclusive jurisdiction of the court in the employer's place of residence.

Application for an order for payment

Form and content

The application is delivered or sent to the court registry by the creditor or his representative (article 1407 CPC). It must contain :

• The full identity of the parties (surnames, first names, professions, addresses)
• For legal entities: form, name and registered office
• The precise amount claimed, with a detailed breakdown
• The basis of the claim

A creditor may request that the case be immediately referred to the competent court in the event of opposition. This optional provision must be included in the application.

Supporting documents

Article 1407, paragraph 3 of the Code of Civil Procedure requires that the claim be accompanied by all supporting documents. The judge assesses the validity of the claim on the basis of these documents. The absence of supporting documents renders the claim inadmissible (Rouen, 16 January 1956).

These documents may include:

• Contracts
• Order forms
• Bills
• IOUs
• Account statements
• Formal notices

Authorised persons and representation

The application may be submitted by :

• The creditor himself
• A lawyer
• A bailiff (within his territorial jurisdiction)
• A collection company (with a mandate)

The special feature of this procedure is that there is no obligation to be represented by a lawyer, even for claims that come under the jurisdiction of the judicial court. However, if the application is submitted by an agent other than a lawyer, that agent must provide proof of a special mandate (article 1407 CPC).

Recording of costs

Before the Commercial Court, the creditor must deposit the costs of the order at the court registry within 15 days of the application, failing which the order will lapse (article 1425 CPC).

In the event of a subsequent opposition, the creditor will also be asked to deposit the costs of the opposition within 15 days. This deposit requirement does not apply in a court of law.

Order for payment

Examination by the judge

The judge examines the application and supporting documents without hearing the debtor. This non-adversarial nature justifies increased vigilance on the part of the judge.

Article 1409 of the Code of Civil Procedure specifies that the judge rules "on the basis of the documents produced". He will only verify appearances, without any in-depth search for the truth.

Possible decisions

The judge has three options:

1. Granting the request he issues an order for payment
2. Partially grant the request it sets the amount it considers to be the subject of the injunction
3. Reject the application completely the application and documents are returned to the creditor

In the event of a partial rejection, the creditor has no right of appeal. He can either accept the decision and continue with enforcement for the sum withheld, or waive the injunction by not serving the order and proceed through the ordinary legal channels.

In the event of a total rejection, the creditor may take action through the ordinary channels.

Form of order

The injunction order does not have to state the reasons on which it is based (Civ. 2e, 16 May 1990, no. 88-20.377). However, it must be signed by the judge and the court clerk, failing which it is null and void (article 456 CPC).

The order, application and supporting documents are kept at the court registry, allowing the debtor to inspect them if he so wishes (article 1410 CPC).

Service of the order

The central role of meaning

The significance is the key stage in the procedure. It involves the debtor in the proceedings and gives him the opportunity to lodge an objection.

Article 1411 of the Code of Civil Procedure requires that "a certified copy of the petition and order" be served on each of the debtors concerned. This service must be effected by a bailiff, a registered letter being insufficient (TI Nîmes, 29 June 1982).

Decree no. 2022-245 of 25 February 2022 introduced a major innovation: the bailiff must now make the supporting documents submitted by the creditor available to the debtor electronically (via the www.mespieces.fr platform).

Time limit for service

The order must be served within six months of its date, failing which it is considered null and void (article 1411, paragraph 2 CPC).

This relatively long period is intended to take into account any possible lack of interest on the part of the creditor, who may fail to pursue the process that he or she has initiated.

Mandatory information

In addition to the particulars prescribed for bailiff's documents, the document serving the document must mention, on pain of nullity (article 1413 CPC) :

• The summons to pay the amount fixed in the order
• The one-month objection period
• The court before which the objection must be brought
• Forms of opposition
• The possibility of consulting documents at the registry
• A warning that if the objection is not lodged within the allotted time, the debtor may be forced to use any legal means available

If service is made personally (without being made electronically), the bailiff must also verbally bring this information to the attention of the debtor and mention it in the document (article 1414 CPC).

Effects of service

Meaning has several important effects:

• It gives rise to interest on arrears
• It gives the debtor time to object
• It allows the creditor, in the absence of opposition, to apply for the enforcement formula to be affixed to the order.
• It interrupts the statute of limitations on the claim, constituting a summons within the meaning of Article 2244 of the Civil Code (Civ. 1re, 10 July 1990, no. 89-13.345).

The Court of Cassation recently ruled that the enforcement of an order for payment is subject to the ten-year limitation period and not to the limitation period for the claim it establishes, where the order was served personally and not opposed (Civ. 2e, 8 June 2023, no. 21-18.615).

Once served, the order may be contested by way of opposition or, failing that, may be declared enforceable. In the latter case, the order will have all the effects of a contradictory judgement.

The order for payment procedure is an ideal tool for recovering uncontested debts. Appropriate legal support can often avoid procedural pitfalls and optimise the chances of successful recovery.

Sources

• Code of Civil Procedure, articles 1405 to 1425
• Law no. 2019-222 of 23 March 2019 on programming 2018-2022 and reform for the justice system
• Decree no. 2019-1333 of 11 December 2019 reforming civil procedure
• Decree no. 2022-245 of 25 February 2022 promoting recourse to mediation
• Civ. 2e, 16 May 1990, no. 88-20.377 (non-motivation of the order)
• Civ. 1re, 10 July 1990, no. 89-13.345 (interruption of the limitation period)
• Civ. 2e, 8 June 2023, no. 21-18.615 (ten-year prescription of the order)
• TI Nîmes, 29 June 1982 (service by bailiff required)
• Rouen, 16 January 1956 (inadmissibility in the absence of supporting documents)

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