The order for payment procedure is reserved for any person who, on the basis of a contract requires a specified amount a debtor refuses to pay.
This procedure can thus be used in the following cases (non-exhaustive list):
- by an owner in rent collection,
- by a tenant for obtain return of his deposit,
- by the purchaser of a consumer who has exercised the option of withdrawal of the Law of January 6, 1988 (mail) or January 10, 1978 (funded by a credit sale ) et qui souhaite récupérer les sommes préalablement versées ... .
This procedure allows only the repayment of amounts due, not to order the defaulter to damages.
The court of the debtor's domicile has jurisdiction to receive the request for an injunction to pay.
The applicant must submit to the Registry that court or the form issued free by the Registry, a simple letter outlining the purpose of the application, the identity of the parties and together with any supporting document (template attached).
Given the evidence provided, the judge will issue an injunction to pay.
The applicant then has a period of six months to contact the debtor by a bailiff, the court's decision.
As of this notification, and in the absence of manifestation of the debtor within one month, the applicant must enter within thirty days after the transplant so that it makes the court decision binding. It can then to be executed by a bailiff.
(full name)
(date and place of birth)
(Occupation)
(address)
(name)
(address)
On ...
letter with acknowledgment of receipt
Subject: Request for injunction to pay
Judge,
I have the honor to inform you that I am creditor (name, address, occupation) ... to Under a contract ... dated ... (Copy of the document attached). For maturities
provided, Mr. ... I still have not paid the following amounts ... (Nature and amount of money).
Therefore, I would be grateful to a court order to pay such amounts plus interest and legal costs,
Please accept, Sir, the assurances of my distinguished sentiments.
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