Chapter V: Simplified small claims recovery procedure

The simplified procedure for collecting small claims provided for in article L. 125-1 may be implemented by a bailiff within the jurisdiction of the Court of Appeal where the debtor has his domicile or residence. The amount of the claim in principal and interest must not exceed €5,000.

I.-The registered letter with acknowledgement of receipt or the message sent by electronic means by which the judicial officer invites the debtor to take part in the simplified debt recovery procedure shall mention : 1° The name and address of the judicial officer appointed to carry out the procedure ; 2° The creditor’s name or company name, address or registered office; 3° The basis and amount of the principal and…

The bailiff will note, as appropriate, the agreement or refusal of the recipient of the letter or message sent by electronic means to take part in the simplified debt recovery procedure.

If the recipient of the electronically transmitted letter or message agrees to take part in the simplified debt recovery procedure, the bailiff will propose an agreement on the amount and terms of payment.

The simplified recovery procedure ends when the judicial officer notes, in a written document that may be drawn up on an electronic medium: 1° The refusal to take part in the simplified recovery procedure, by the recipient of the letter or message transmitted electronically, under the conditions provided for in 3° of III of Article R. 125-2; 2° The expiry of a period of one month from the date of…

In the light of the agreement referred to in 4° of Article R. 125-5, the bailiff shall issue the mandating creditor with a writ of execution summarising the steps taken to reach this agreement. A copy shall be given to the debtor free of charge.