The order for payment procedure is simplified

When you have not managed to recover amicably (via simple reminder and formal notice) a sum of money owed to you, for example, by a customer, you can resort to the fast-track procedure, i.e., the order for payment procedure. Fast, simple, and inexpensive (no need to call on a lawyer), this procedure can be used if you can easily prove the reality of your claim (by producing purchase order, invoice, delivery note ...) on condition that your customer does not have valid grounds to contest your claim.

In practice, all you need to do is send an application to the competent court, attaching the supporting documents. If the judge finds that your claim is well-founded, he will issue an order a few days later ordering your debtor to pay your bill. An order that you will have to send to the latter through a judicial officer. Under the existing system, if your debtor still does not respect the court order for payment, you need to return to the court, within two months of notification, and obtain an “enforcement order”. This will allow you, if necessary, to have your debtor’s property seized.

Procedure simplified

This procedure is now simplified. Upon his application, the creditor will be given by the registry of the court a certified copy of a directly enforceable order. Therefore, no need to return to the court to obtain an “enforcement order”.

This new procedure will come into force in 2022, at the latest, on March 1st, 2022.

Attention: As it is the case in the existing system, the debtor will be able to oppose the order within one month of its notification. As a result, this order, even if it is immediately enforceable, will only allow the creditor to have the assets of his debtor seized if the latter does not file an opposition within this period.