Regulatory part

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.

The parties are notified of the decision by the court clerk’s office by registered letter with acknowledgement of receipt. A copy of the decision is sent on the same day by simple letter to the parties and to the bailiff. If the letter of notification is returned to the court clerk’s office but cannot be delivered to the addressee or to any person authorised to do so, the court clerk…

The enforcement judge may reserve the right to verify the enforcement of his decision and, to this end, prescribe the necessary measures.

If necessary, the judge may declare the decision enforceable on the basis of the minutes alone.

A decision to release enforcement or precautionary measures shall, within the limits of its purpose, entail the suspension of proceedings as soon as it has been pronounced and the removal of any effect of unavailability as soon as it has been notified.

Unless otherwise provided, the decision of the enforcement judge may be appealed, unless it is a judicial administration measure.

The time limit for appeal is fifteen days from notification of the decision. The appeal is lodged, investigated and judged in accordance with the rules applicable to the procedure provided for in article 905 of the Code of Civil Procedure or to the procedure for a fixed date.