French Code of civil procedure

If service is made on the person of the debtor and unless it is made by electronic means, the bailiff must orally bring to the debtor’s attention the particulars mentioned in Article 1413; the completion of this formality shall be mentioned in the document of service. .

The opposition shall be brought, as the case may be, before the court whose judge or president issued the order for payment. It shall be lodged at the court registry, by the debtor or any agent, either by declaration against a receipt or by registered letter. The agent, if not a lawyer, must provide proof of a special power of attorney. On pain of nullity, the opposition shall mention the…

The opposition shall be lodged within one month of service of the order. However, if service was not made personally, the opposition shall be admissible until the expiry of the period of one month following the first document served personally or, failing that, following the first enforcement measure having the effect of rendering all or part of the debtor’s assets unavailable.

Before the judicial court in the matters referred to in article 817, the protection litigation judge and the commercial court, the court clerk summons the parties to the hearing by registered letter with acknowledgement of receipt. The summons is sent to all the parties, even those who have not lodged an objection. The summons shall contain: 1° Its date; 2° An indication of the court before which the opposition is…

Before the judicial court in the matters referred to in Article 817, the protection litigation judge and the commercial court, the court shall declare the proceedings terminated if none of the parties appears. Before the judicial court in other matters, the president shall declare the proceedings terminated if the creditor does not constitute a lawyer within the period provided for in article 1418. The termination of the proceedings renders the…

The withdrawal of a debtor who has lodged an objection follows the rules set out in articles 400 to 405.

The court judgment replaces the order for payment.

The court shall rule on an appeal where the amount of the claim exceeds the rate of its final jurisdiction.

Whatever the method of service, the opposition period provided for in the first paragraph of Article 1416 suspends enforcement. Any opposition lodged within this period is also suspensive. The order does not constitute an enforceable title and does not produce the effects of such a title or of a court decision until the causes suspending enforcement provided for in the first paragraph have expired. It then has all the effects…