Article R712-13 of the French Consumer Code
November 7, 2023
Except in the case provided for in article R. 711-2, the competent commission is that of the debtor’s place of residence.
Except in the case provided for in article R. 711-2, the competent commission is that of the debtor’s place of residence.
The commission shall rule on forfeiture of the benefit of the procedure for dealing with overindebtedness pursuant to Article L. 712-3 by a reasoned decision that is notified to the debtor and the creditors by registered letter with acknowledgement of receipt.
The commission has a period of three months from the date of submission of the application to examine the admissibility of the application, notify it, investigate the case and decide on its orientation. .
The parties may be assisted before the commission by any person of their choice.
The debtor who wishes to be heard by the commission pursuant to the provisions of article L. 712-8 send their request by ordinary letter or hand it in to the Commission secretariat.
Notifications made by the commission secretariat to the debtor and creditors by registered letter with acknowledgement of receipt are duly made to the address previously indicated by the addressee. In this case, the date of notification is that of the signature of the acknowledgement of receipt.When the acknowledgement of receipt has not been signed by its addressee or by a person with a power of attorney for this purpose, the…
When the overindebtedness commission sends a letter by ordinary post, it may also send it by fax or electronically. In this case, the technical process used must ensure the authentication of the sender and the integrity of the message.Where provision is made for the over-indebtedness commission to send a letter by registered letter with acknowledgement of receipt, it may also send it by fax or electronically. In this case, the…
In each department, the coordination commission for actions to prevent rental evictions provided for in article 7-2 of law no. 90-449 of 31 May 1990 aimed at implementing the right to housing, the departmental council and the family allowance fund appoint, each insofar as it is concerned, a correspondent with a view to promoting the coordination of their actions with those of the commission and in particular to facilitate the…
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…
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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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