Disputes arising from the application of the provisions of this chapter shall be heard by the court. Actions for payment brought before it in connection with the borrower’s default must be brought within two years of the event that gave rise to them on pain of foreclosure. This event is characterised by:
the non-payment of sums due following the termination of the agreement or its expiry;
or the first unsettled payment incident;
or the unsettled overrun of the total amount of credit granted under a revolving credit agreement;
or the overrun, within the meaning of 13° of Article L. 311-1, which has not been rectified by the end of the period specified in Article L. 312-93.
Where the terms of payment of unpaid instalments have been restructured or rescheduled, the starting point for the foreclosure period is the first unpaid incident occurring after the first restructuring or rescheduling agreed between the interested parties or after adoption of the conventional recovery plan provided for in Article L. 732-1 or after a decision by the commission imposing the measures provided for in Article L. 733-1 or the decision of the enforcement judge approving the measures provided for in article L. 733-7.