The order to pay, a simplified, quick and non-adversarial procedure

The order to pay

A payment order is a simplified, expedited, and non-adversarial procedure by which a creditor requests the recovery of a debt arising from a contract, bill of exchange, promissory note, or the acceptance of an assignment of a business debt.
If the presiding judge grants the request, they will issue the creditor a payment order. The debtor will then have one month from the date of service of the order to contest it by filing an objection with the presiding judge of the court that issued it.

Towards a simplification of the injunction

Decree No. 2021-1322 of October 11, 2021, which will enter into force no later than March 1, 2022, aims to simplify and expedite this procedure, particularly regarding the procedure for affixing the enforcement formula to the order, a formula essential for its execution.
Currently, the creditor can only request the affixing of the enforcement formula after the expiration of the one-month objection period granted to the debtor to contest the order. This means that the creditor must serve the order on the debtor once to start the objection period and a second time after the order has been affixed with the enforcement formula.
The reform stipulates that the enforcement formula must be affixed immediately to the order issued by the President of the Court. Therefore, only one service of the order is required.

An effective procedure

While this amendment represents progress, creditors will still have to wait until the objection period has expired, or, if applicable, until the outcome of the objection proceedings, to enforce the order.
Nevertheless, the payment order procedure is quick and should be preferred to summary proceedings or proceedings on the merits, which are longer and more expensive.

The law firm Arst Avocats is at your disposal to assist you in the recovery of your debts.