Unless otherwise provided, the common provisions of Book I of the Code of Civil Procedure apply to civil enforcement proceedings before the execution judge, with the exception of articles 481-1 and 484 to 492.
The amount provided for in the third paragraph of Article L. 121-4 is set at 10,000 euros.
Where representation by a lawyer is not compulsory, the parties shall defend themselves. They may be assisted or represented by:1° A lawyer;2° Their spouse;3° Their partner or the person with whom they have entered into a civil solidarity pact;4° Their parents or relatives in the direct line;5° Their parents or relatives in the collateral line up to and including the third degree;6° Persons employed exclusively in their personal service or…
The procedure is oral.
The judge may, in accordance with the second paragraph of article 446-1 of the Code of Civil Procedure , exempt a party who so requests from attending a subsequent hearing. In this case, the judge shall arrange for exchanges between the parties. Communication between the parties shall be made by registered letter with acknowledgement of receipt or by notification between lawyers, and evidence of this shall be provided to the…
During the course of the proceedings, any party may also present its case by letter addressed to the enforcement judge, provided that it can prove that the opposing party was aware of it before the hearing by registered letter with acknowledgement of receipt. A party who makes use of this option may not appear at the hearing, in accordance with the second paragraph of article 446-1 of the Code of…
Unless otherwise provided, the application shall be made by summons at the first useful hearing of the enforcement judge. The summons shall contain, on pain of nullity, a reproduction of the provisions of articles R. 121-8 to R. 121-10. It mentions, under the same sanction, the conditions under which the defendant may or must be assisted or represented, as well as, if applicable, the name of the claimant’s representative.
In urgent cases, the enforcement judge may allow the summons to be served at the time he or she specifies, even from hour to hour and on public holidays.
The judge ensures that sufficient time has elapsed between the summons or writ of summons and the hearing to allow the defendant to prepare his defence.
In the absence of provisions to the contrary, the enforcement judge acts as the judge of the principal claim.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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