Injunctions to pay: Fearsome effectiveness and a complete guide to success without a lawyer

The injonction de payer is a powerful legal tool, often underestimated, which enables a creditor to recover a sum of money from a recalcitrant debtor quickly and efficiently. This simple-to-implement device can be highly effective when used correctly. In this article, we'll explore in detail the injonction de payer process, its advantages and limitations, and the steps you need to take to successfully obtain an injonction de payer without the need for a lawyer.

1. What is an injunction to pay?
2. Why is the payment order so effective?
3. Conditions precedent to a payment order
4. How to prepare an application for an injunction to pay
5. Steps to a successful payment order without a lawyer
6. Follow-up to an injunction to pay: What to do after the judge's decision?
7. Risks and limitations of injunctions to pay
8. Practical examples and tips to avoid common mistakes
9. FAQ on injunctions to pay

An injunction to pay is a simplified legal procedure that enables a creditor to obtain payment of his claim without having to go through lengthy and costly legal proceedings. It applies mainly to contractual claims or claims arising from legal obligations, with the exception of alimony debts and sums required by the State.

This procedure has several advantages for the creditor, not least its speed and low cost. An injunction to pay can be obtained in a matter of weeks, and procedural costs are generally limited, especially if the creditor chooses not to be assisted by a lawyer.

The effectiveness of the payment order is based on several key elements:

• Simplicity of procedure: Unlike other legal actions, injunctions to pay do not require an initial adversarial debate. This means that the creditor can obtain a favorable order without first hearing the debtor.
• Speed of decision: The procedure is generally handled quickly by the courts, enabling the creditor to obtain an enforceable title in a short space of time.
• The force of the writ of execution: Once an injunction to pay has been issued, the creditor has a writ of execution, enabling him to implement forced collection measures if necessary, such as seizure of the debtor's bank accounts or assets.
• Reduced costs: Procedural costs are reduced, and the use of a lawyer is not compulsory, so expenses are kept to a minimum.

Before initiating an order for payment procedure, the creditor must ensure that certain conditions are met:

• A claim that is certain, liquid and due: The claim must be based on a valid document (contract, invoice, etc.), clearly defined in terms of amount, and already matured.
• No serious dispute: An injunction to pay is unsuitable if the debtor is seriously contesting the claim. In this case, longer and more costly proceedings on the merits may be necessary.
• A localized debtor: The creditor needs to know the debtor's current address to be able to serve the order for payment. Without this information, the procedure may be ineffective.

Preparing an application for an injunction to pay involves gathering the necessary documents and drafting a clear and complete request. Here are the steps to follow:

• Gather supporting documents: unpaid invoices, contracts, correspondence, reminders... All documents proving the existence and amount of the debt must be gathered.
• Filling in the claim form: In France, the creditor must use Cerfa form n°12948*05, available online or from the court clerk's office. This form must be completed in detail, indicating the contact details of the parties, the nature of the claim and the amounts claimed.
• Attach supporting documents: All documents mentioned in the request must be attached to the file, numbered and clearly referenced.
• Filing the claim: The complete file must be filed with the clerk's office of the competent court (judicial court or commercial court, depending on the nature of the claim). Filing can be done in person, by mail, or sometimes online, depending on the court.

Even without the assistance of a lawyer, it is possible to successfully file for an injunction to pay. Here's a step-by-step guide:

• 1. Identify the competent court: Depending on the nature of the claim, you'll need to apply to either the magistrates' court or the commercial court. Make sure you choose the right court to avoid delays or complications.
• 2. Preparing the application: As described above, complete the Cerfa form and attach all the necessary supporting documents.
• 3. Filing the petition: After checking that all the elements are complete, file your petition with the court clerk's office.
• 4. Follow the progress of the application: Once the application has been filed, the clerk's office will forward the file to the appropriate judge. You do not need to attend a hearing, unless the judge deems it necessary to hear the parties.
• 5. Receive the order for payment: If the judge considers your claim to be well-founded, he will issue an order for payment. This will be sent to you by the clerk's office.
• 6. Serve the order on the debtor: Once the order has been obtained, it must be served on the debtor by a bailiff. This step is crucial if the order is to become enforceable.
• 7. Dealing with any opposition: The debtor has one month in which to lodge opposition to the payment order. If the debtor does so, the procedure becomes a classic dispute before the court.
• 8. Implement forced execution: If the debtor fails to pay and has not lodged an opposition, you can proceed with forced execution of the decision (seizure, etc.).

Once the payment order has been obtained, several scenarios may arise:

• The debtor pays voluntarily: In the best-case scenario, receipt of the order for payment will encourage the debtor to settle his debt quickly.
• The debtor lodges an opposition: If the debtor contests the claim, he or she can lodge an opposition, which entails a court hearing. The creditor must then prove the validity of the claim.
• Debtor fails to react: If the debtor fails to pay and lodge opposition, the payment order becomes final. The creditor can then request enforcement of the decision (seizure of assets, etc.).

Although the injunction to pay is a powerful tool, it carries certain risks and limitations:

• Objection by the debtor: If the debtor lodges an objection, the procedure may become longer and more complex, possibly requiring the involvement of a lawyer.
• Debtor location: If the debtor's address changes, it may be difficult to serve the order, rendering the injunction ineffective.
• Insolvency of the debtor: Even if an injunction to pay is obtained, if the debtor is insolvent, the creditor may not be able to recover his claim.

To maximize your chances of success, here are a few tips based on practical examples:

• Prepare your file carefully: Make sure all supporting documents are properly ordered and referenced. A poorly prepared file may result in a refusal or additional delays.
• Be reactive: As soon as you receive the order, notify the debtor. Delays often work in the creditor's favor.
• Anticipate opposition: Prepare for possible opposition from the debtor by gathering all the evidence of your claim from the outset.

No, the payment order procedure does not require the presence of a lawyer. However, in the event of opposition by the debtor, the assistance of a lawyer may be recommended.

Procedural costs are relatively modest, mainly comprising the cost of the form and the cost of service by a bailiff. If you choose to use a lawyer, additional fees may apply.

If the debtor is nowhere to be found, it may be necessary to call in a private detective or bailiff to find his new address.

The duration of the procedure depends on the responsiveness of the court and the behavior of the debtor. In general, an injunction to pay can be obtained in a few weeks to a few months.

In conclusion, an injonction de payer is a particularly effective legal tool for recovering a debt without having to resort to lengthy and costly procedures. By following the steps outlined in this guide, you will be able to carry out your injonction de payer procedure without the assistance of a lawyer, while maximizing your chances of success. Don't forget that preparation and rigor are the keys to success in this procedure, which, although simplified, is still a legal procedure requiring a minimum of precaution.