Order
to pay
Order for payment
The order to pay is a simplified procedure, specific to commercial courts, used to collect a debt without having to summon the debtor before a court. It has the particularity of being rapid and not definitive. By obtaining a writ of execution at the end of these proceedings, the judge's decision can be enforced.
Liability
In legal terms, a debt is the right for one entity/person (the creditor) to demand something of someone (the debtor), especially a sum of money.
The Commercial court has jurisdiction when it is a business debt or due to a bill of exchange being accepted.
Digital application: sending an entirely digital file to the registry office, via email.
You can make an application by creating an entirely digital file. It will be automatically processed by the registry office of the Court concerned.
To do this, please
Fill out the application form by selecting the purpose of the debt;
then upload the scanned supporting documents;
and sign the application using a referenced electronic certificate.
The cost of 39.00 euros should be paid by credit card using the secure payment system. Your application with then be sent directly to the debtor's Commercial court.
> Start an application for an order to pay
Make a simple application for an order to pay by sending the file to the Registry office by email or filing it on-site at the registry office.
You can make a simple application by sending the file to the competent registry office by email or by filing directly at the registry office. To do this, fill out the on-line form, print it out, and then either physically take full file or send it by post to the registry office.
This file includes:
A covering letter addressed to the registry office, with file references,
The application form that has been completed, dated and signed,
The requested supporting documents,
The power of attorney from the authorised representative, if applicable,
A cheque for 39.00 euros to cover the registry office fees.
> Begin an application for an order to pay
Application for an order to pay
The application for an order to pay is a judicial proceeding brought before the presiding judge of the Commercial court.
In summary, the proceedings involve four phases:
- First phase: the application which includes the precise amount of the sum claimed, the list of different elements of the claim, as well as the basis for the claim.
- Second phase: the order. After examining the documents produced, the judge assesses if the request seemed founded (in whole or in part), or if it must reject the claim, and give judgement by an issuing an order.
- Third phase: serving notice. As soon as the judge gives the order containing the order to pay the selected amount, the registry office sends a certified copy to the creditor or to its authorised representative, who then has a period of 6 months to inform its debtor by enforcement agent. The debtor has a period of one month after receiving this information to appeal against the order to pay.
- Fourth phase: writ of execution. If the debtor has not appealed against the order to pay within this period of 1 month, the creditor again has one month to send its request to apply the writ of execution at the registry office, either by making a declaration, or by sending a simple letter.
Downloads:
> Download the "order to pay" form.
> Download the list of supporting documents to sent to the registry office in support of an application.
> Learn about debt collection.
European order for payment procedure
This is a procedure that can help you be refunded the sums owed by a debtor that is only applicable to cross-border disputes, i.e, disputes in which at least one of the parties has its home or habitual residence in a different Member State of the European Union than the Member State of the jurisdiction in question.
Downloads:
> Learn more about European orders for payment.
