Book VII: TREATMENT OF OVER-INDebtedness

The competent protection litigation judge, by virtue of the provisions of article L. 213-4-7 of the Code of Judicial Organisation, is that of the place where the debtor resides, including for the application of articles R. 721-5 and R. 722-9. However, in the case provided for in Article L. 711-2, the competent court is the one in whose jurisdiction the referral commission has its seat.

The matter is referred to the judge by the commission by simple letter signed by its chairman. By way of derogation, when the commission is the addressee of an appeal or challenge lodged in application of this book, the matter is referred to the judge by simple letter from the commission’s secretariat. Where provision is made for the matter to be referred directly to the judge by a party or…

The protection litigation judge shall rule by judgment or, pursuant to a special provision, by order.

In cases where he rules by judgment, the judge shall summon the interested parties or invite them to submit their observations, by registered letter with acknowledgement of receipt. Summonses and requests for comments are regularly sent to the address previously indicated by the addressee. In this case, in the event of return to the secretariat of the court of these notifications of which the acknowledgement of receipt has not been…

Judgments are final, unless otherwise provided.

Decisions made pursuant to articles L. 761-1 and L. 761-2 are subject to appeal.

The time limit for appeal, when this means of appeal is available, is fifteen days. The appeal is lodged, investigated and judged in accordance with the rules of procedure without compulsory representation set out in articles 931 to 949 of the Code of Civil Procedure.

In the event of an appeal, a stay of execution may be requested from the first president of the court of appeal by summary proceedings. Until the day on which the order is handed down by the first president, the application suspends the effects of the judge’s decision, with the exception of that providing for the suspension of an eviction order. The stay of execution is granted only if the…