If an amicable debt collection can?t lead to complete payment, you have to consider a more coercive approach to recover a debt anywhere in France.
The French law instituted a brief and inexpensive procedure made for you : the injunction of payment (Injonction de payer).
As true judiciary procedure, the injunction of payment can be manage for by us, GWA Huissiers de justice, from the moment amicable debt collection has failed.
The first benefit of injunction of payment is that it is a non-contradictory procedure. If the elements presented to the judge are sufficient, a real court ruling will be pronounced, compelling the debtor to pay, without any court hearing.
GWA Huissiers de justice will guide you during every steps of the procedure.
Provided with the elements transmitted, we will depose an injunction of payment request to judge with regional jurisdiction.
The writing of its request must respect numerous mentions (name, address, occupation, debt details?) therefor GWA Huissiers de justice are available to write it according to French law.
Because of the first non-contradictory phase, the judge will only rule according to the elements transmitted by you.
If the request is accepted (or partially accepted), the judge will pronounce a judiciary order of payment (?Ordonnance portant injunction de payer?).
If the request declined, you will have to engage a classic judiciary procedure and hire a lawyer.
Once transmitted to one of GWA Huissiers de justice, the order of payment will be delivered by us to your debtor within 6 months or be subject to nullity.
Immediately after and according to French law, we will inform the judge his order has been deliver to the debtor.
Starting the delivering, the debtor will have a one month delay to contest (opposition).
If no opposition is made, we will ask the judge to make your order of payment executable (?apposition de la formule exécutoire?).
This final step is crucial because it gives the GWA Huissiers de justice the right to engage any seizure in order to pursue the complete payment of your debt.
All steps of the injunction of payment procedure are submitted to a legal and non-debatable cost enacted by French Code de commerce.
To send us your elements or questions :