Payment order/Opposition to payment order in France
Lawyer: payment order procedure. Filing a request, obtaining an enforceable title, managing the opposition and defending it before the Commercial Court.
%20-%20Grande.avif)
The speed of recovery, the rigor of the trial.
An order to pay (IP) is the key procedure for recovering an unpaid bill without initial adversarial debate. But be careful: it is a technical procedure. An error in the amount or the coins, and the judge dismisses the request. If the debtor files an “Opposition”, the case then falls into a classic trial where representation by lawyer often becomes mandatory.
As a lawyer and teacher, I master civil procedural mechanics to assist you on both sides:
1. Creditor side (Attack):
- The “Concrete” Dossier: I am compiling the application file (invoices, purchase orders, formal notices) to obtain the judge's order on the first try.
- The meaning: I pilot the commissioners of justice (bailiffs) to serve the order quickly and to make the opposition deadline run.
- The “Plan B”: If the debtor objects, I am ready to plead the case on the merits to confirm your claim.
2. Debtor side (Defence/Opposition):
- The Blocking: Have you received an unwarranted order to pay? I file an objection within the strict deadline (15 days or 1 month) to cancel the order and force a contradictory debate.
- The Counterattack: I analyze the shortcomings of the opposing case (prescription, absence of evidence) to request the rejection of the request and the payment deadlines (up to 24 months).
Obtaining an enforceable title or defending yourself
- Request for an Order to Pay (Creditor): Drafting the reasoned request and filing it with the Registry (Commercial or Judicial Court) to obtain the payment order.
- Budget: Package starting from 600€ HT (excluding bailiff fees).
- Opposition to an order for payment: I am responsible for contesting the payment order before the competent court.
- Budget: from 350€ excl. VAT.
- Management of the Opposition (Creditor or Debtor): If the order is contested, the case becomes a classic trial. I write the findings and plead the case before the Tribunal.
- Budget: On estimate (procedural fees at the bottom).
- Execution of an Enforceable Title: If there is no objection, I have the enforceable form affixed to allow the immediate seizure of the debtor's accounts.
- Post-IP negotiation: Use the prescription obtained as a lever to sign a favorable settlement agreement.