Without prejudice to the provisions of Article 68, the incidental request for the granting of an extension of payment pursuant to Article 1343-5 of the Civil Code may be made by application made, delivered or addressed to the registry, where it shall be registered. The author of this request must prove before the hearing that the opposing party has been made aware of it by registered letter with acknowledgement of receipt. The documents that the party relies on in support of its request for a delay in payment shall be attached to the application.
The author of this incidental request may not appear at the hearing, in accordance with the second paragraph of Article 446-1. In such a case, the judge shall only allow the claims made against that party if he considers them to be regular, admissible and well-founded.