What is a payment order?
The payment order is used both before the Civil Judge and before the Commercial Court. The creditor’s representative submits a request to the Court Registry on a standard form indicating the amount due, attaching supporting documents.
If the Judge deems the claim justified, they sign an Order instructing the debtor to pay the amount due.
The creditor’s representative then serves this order to the debtor through a bailiff.
What to do in this situation?
If the debtor disagrees with the stated amount, has objections to raise, or seeks payment deadlines, they must oppose this Order within a maximum period of one month from the day of service, by sending a registered letter with acknowledgment of receipt to the court registry that issued the Order, attaching a copy of the order. The registry will then summon both the creditor and debtor to a hearing before the Court.
Sometimes, the debtor, harassed by their creditor, collection services with reminder letters, formal notices, and bailiff acts, becomes overwhelmed with documents and ends up ignoring them.
However, it is crucial to adhere to this one-month deadline. Indeed, if the debtor neglects to file an opposition within this period, the order becomes a final legal decision, effectively a judgment, which can justify further seizure actions.
Key points to remember:
– It is essential to read bailiff acts you receive with particular attention, as they always have consequences.
– It is advisable to consult a lawyer as soon as possible to analyze your case and to file opposition if necessary. The lawyer’s role is to verify whether the rules and deadlines imposed on creditors have been respected. If not, as part of the opposition, they can request the Judge to declare that your debt can no longer be claimed from you.
By using the payment order procedure, the creditor might attempt to bypass this difficulty because the judge signs the Order without necessarily having all the elements.
Depending on your resources, you may be eligible for legal aid.
Remember that a payment order can become a final judgment against you if you do not respond promptly.
