In the French legal arsenal, the summons is a little-known but highly effective tool. This extrajudicial document is used to formally summon a debtor, an adversary or even a judge. Its origins date back to Roman antiquity, when thein jus vocatio already made it possible to summon a defendant to appear before the magistrate. In the Middle Ages, the practice developed as an "act by which someone is summoned to do something". Today, it remains a versatile tool in French law.
The essential characteristics of summation
According to Dean Cornu, summation has two complementary definitions.
In the material sense, it is a "commanding invitation", a peremptory warning sent to a person to comply with a request, on pain of legal consequences.
In the formal sense, a summons is "an extrajudicial document, served by a bailiff, by which a claimant has an order or defence served on the addressee".
Unlike other procedural documents, summonses are flexible. The Code of Civil Procedure does not impose an exhaustive list of compulsory particulars, apart from those common to all bailiff's documents (article 648 of the Code of Civil Procedure). This flexibility explains why it has survived despite competition from registered letters.
The three categories of summons
French law distinguishes three types of summons according to their purpose:
- Summons for enforcement This is the most common method of enforcing an obligation. Its purpose is to encourage the debtor to perform voluntarily by indicating that the creditor no longer intends to defer payment. Article 1344 of the French Civil Code makes this a form of formal notice.
- Summonses for evidentiary purposes (or interpellative): this seeks to obtain evidence that can be used in court. The bailiff questions the addressee and records his answers in a report. According to case law, these statements may constitute an extrajudicial confession (Civ. 1re, 28 Oct. 1970, Bull. civ. I, no. 287).
- Summons for judgment This rare but powerful procedure enables a judge to be ordered to rule on a case in progress, on pain of being taken to task for denial of justice. Article 366-9 of the Code of Civil Procedure strictly regulates this procedure.
When and why issue a summons
The summons offers undeniable legal advantages. Its date is binding until proven false, which gives it greater evidential value than a registered letter.
For obligations to pay a sum of money, it gives rise to default interest (article 1231-6 of the Civil Code). For obligations to deliver a thing, it transfers the risks to the debtor (article 1344-2 of the Civil Code).
The psychological impact of the summons should not be underestimated. The presence of the bailiff generally impresses the recipient and may encourage him to comply voluntarily, thus avoiding the costs of a trial or compulsory execution.
In certain specific areas, the use of summonses is expressly provided for by law. In inheritance law, article 771 of the Civil Code allows an heir to be summoned to take sides. In commercial matters, article L. 141-20 of the Commercial Code provides for the summons of the purchaser of a business to deposit the price.
The summons is therefore a remarkably versatile tool in legal strategy. It can be used to compel performance, gather evidence or unblock a legal situation. By consulting a legal professional, you can assess the appropriateness of this tool and ensure that it is used wisely in your particular situation.
The firm is at your disposal to examine how a summons could serve your legal interests, whether you are an unpaid creditor, a litigant seeking evidence or a litigant facing a delay in judgment.
Sources
- CORNU G., Legal vocabulary13th ed. 2020, PUF
- Civil Code, articles 771, 1344, 1344-2, 1231-6
- Code of civil procedure, articles 366-9, 648
- French Commercial Code, article L. 141-20
- Civ. 1st, 28 October 1970, Bull. civ. I, no. 287
- LAHER R., SummonsRépertoire de procédure civile, June 2020, Dalloz
EN 
FR