Book III: Provisions specific to certain matters

The application shall be brought, as the case may be, before the protection litigation judge or the president of the judicial court or the commercial court, within the limits of the jurisdiction of these courts. The territorially competent judge shall be that of the place where the debtor or one of the debtors being sued resides. The rules prescribed in the preceding paragraphs are of public policy. Any clause to…

The application shall be made by petition delivered or addressed, as the case may be, to the registry by the creditor or by any agent. In addition to the particulars prescribed by Article 57, the application shall contain a precise indication of the amount of the sum claimed with a breakdown of the various elements of the claim, the basis of the claim and the list of supporting documents produced…

The creditor may, in the application for an order for payment, request that in the event of opposition, the case be immediately referred to the court he considers competent.

If, on the basis of the documents produced, the judge considers the claim to be well-founded in whole or in part, the judge shall make an order for payment of the sum that he or she retains. If the judge rejects the claim, his or her decision shall be without recourse for the creditor, unless he or she proceeds in accordance with the ordinary law. If the judge upholds the…

The order for an injunction to pay and the application are kept as minutes at the court registry. If the application is accepted, the court registry gives the applicant a certified copy of the application and the order bearing the executory formula and returns the documents produced. If the application is rejected, the application and the documents produced are returned to the applicant. >.

A certified copy of the request accompanied by the list of supporting documents and the order bearing the enforcement formula shall be served, at the creditor’s initiative, on each of the debtors. The judicial officer shall make the supporting documents available to the debtors by electronic means in accordance with the procedures defined by order of the Minister of Justice. If the supporting documents cannot be made available by electronic…

The debtor may oppose the order for payment.

On pain of nullity, the document serving the order for payment contains, in addition to the particulars prescribed for judicial officer documents, a summons to: – either to pay the creditor the amount of the sum fixed by the order as well as interest and court fees, the amount of which is specified; – or, if the debtor has defences to put forward, to lodge an opposition, the effect of…

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…