Legal summons: how to react before the deadlines expire

What is a summons?

A procedural act, not just a letter

The summons is the document that most often initiates a civil or commercial lawsuit. It is generally drafted by the plaintiff's lawyer and then served on the defendant by a court officer, formerly known as a bailiff.

It establishes three things: what the opposing party is claiming, the court that will hear the case, and the date on which the case will be called. It also has an immediate effect on time. A legal claim, even in summary proceedings, interrupts the statute of limitations (Article 2241 of the Civil Code).

Receiving a summons does not mean you are convicted. It means a judge will decide the case, with or without your involvement. Everything that happens next depends on what the company does in the coming days.

Delivery in person, at the headquarters or by official report

Service of process must, in principle, be effected personally (Article 654 of the Code of Civil Procedure). For a company, service is considered personal if it is entrusted to its legal representative, an authorized agent, or a person duly authorized.

Failing that, the document may be delivered to the office to a person present who accepts it (Article 655). If no one can or will accept it, the document is kept at the office, with a notice of attempted delivery (Article 656).

When the address does not allow the recipient to be contacted, the bailiff draws up a report of unsuccessful searches (article 659).

This procedural detail took on new importance in 2026. The method of delivery determines the classification of the judgment if you do not appear. It also conditions the new expedited admission procedure, which we detail below.

Summons, application, summary proceedings: three different avenues

A company can be attacked in several ways. Confusing them leads to misjudging the time frame.

• The summons to appear in court opens an adversarial debate from the outset, with a hearing date set in the document.
• The application for a payment order is examined by the judge without hearing from you. You only learn of the procedure upon notification of the order, and you then have one month to file an objection.
• The application for interim relief brings the matter before the judge of interim relief, who orders provisional measures, sometimes within very short timeframes.

Have you received a payment order? Our article on the payment order procedure and its opposition details the steps to follow.

How to read the summons you just received

A summons is often twenty or thirty pages long. The manager doesn't have to analyze everything alone. However, they must identify five key pieces of information on the first reading, because these will dictate the decisions made in the following days.

The five pieces of information to look for in the document

1. The date of issue is on the first page of the bailiff's document. This is the starting point for the time limits.
2. The court seized: judicial court, commercial court, economic activities court or judge of summary proceedings.
3. The place, day and time of the hearing.
4. The itemized claims, grouped at the end under the formula "for these reasons": principal, interest, damages, legal costs.
5. The list of documents, that is to say the list of documents on which the opponent relies.

Also note who received the document and how. The service document will indicate this. It will state whether the document was served personally.

The required information, under penalty of invalidity

Article 56 of the Code of Civil Procedure lists the mandatory information that must be included in any summons. This includes the place, date and time of the hearing, a statement of the facts and legal arguments, and a list of supporting documents.

The document must also specify the terms of appearance. It must warn the defendant that, if they fail to appear, a judgment may be rendered against them based solely on the evidence presented by their opponent.

When legal representation is mandatory, Article 752 adds the appointment of the plaintiff's lawyer and the time limit within which the defendant must appoint his own lawyer.

For applications filed since October 1, 2026, the warning must refer to the new expedited admission procedure. Decree No. 2026-683 of July 27, 2026, amended point 4 of Article 56 accordingly, under penalty of invalidity.

Is a missing detail enough to invalidate the act?

Rarely on its own. A procedural defect requires proof of the prejudice caused by the irregularity (Article 114 of the Code of Civil Procedure). An oversight without real consequences for your defense will not invalidate the summons.

Furthermore, the issue of invalidity must be raised before any substantive defense. A director who writes to the court to contest the debt on its merits may unknowingly lose the opportunity to challenge the transaction.

At our firm, we raise a procedural objection when the irregularity has genuinely deprived the client of a means of defense, or when the date of the act affects the statute of limitations. In other cases, it delays the trial without changing the outcome, and it incurs a cost.

What are the time limits after receiving a summons?

The hearing date printed on the document is not the only deadline. Depending on the jurisdiction, other deadlines begin to run from the day the document is served. The rules differ between the civil court and the commercial court.

Before the judicial court, there are 15 days to appoint a lawyer

Before the judicial court, parties are generally required to be represented by a lawyer (Article 760 of the Code of Civil Procedure). They are exempt from this requirement in certain cases, particularly when the claim does not exceed 10,000 euros (Article 761).

When legal representation is mandatory, the defendant must appoint a lawyer within 15 days of being served with the summons (Article 763). If the summons was served 15 days or less before the hearing, the defendant may appoint a lawyer up until the hearing.

Appointing a lawyer means designating the person who will represent you and receive the procedural documents. The lawyer informs opposing counsel and the court clerk. From this point, the case enters the case preparation phase, where written submissions are exchanged under the judge's supervision.

Exceeding the deadline does not always result in immediate penalties. However, every day lost reduces the time available to gather documents, verify the document, and prepare initial defenses.

The deadline that the applicant must also respect

The court is only seized of the matter by filing a copy of the summons with the registry, a process known as filing. When the hearing date has been communicated more than 15 days in advance, this filing must take place at least 15 days before the hearing (Article 754).

Otherwise, the summons becomes invalid, and the judge automatically notes this. The proceedings are terminated. The plaintiff can file a new summons, but they have lost time. This is one of the first checks carried out by the defendant's lawyer.

Before the commercial court or the court of economic activities

Before the commercial court, the parties must also be represented by a lawyer, unless otherwise stipulated (Article 853). This exemption applies in particular when the claim concerns €10,000 or less, or arises from an obligation that does not exceed this amount.

The summons must be served at least 15 days before the hearing (Article 856). A copy must be filed with the court registry no later than 8 days before the hearing, otherwise it will lapse (Article 857).

The procedure is oral. Written submissions are only valid if they are presented in court. A company that sends a letter to the court without representation has, in practice, not presented a defense.

Since January 1, 2025, and for a period of four years, twelve commercial courts have become courts of economic activities. Among them are Paris, Nanterre, Versailles, Lyon, and Marseille.

In summary proceedings and for businesses located far away

In summary proceedings, the law does not specify a time limit. The judge only verifies that sufficient time has elapsed between the summons and the hearing to prepare the defense (Article 486). In urgent cases, the judge may authorize a summons for a specified time.

When the court is located in metropolitan France, the time limits for appearance are extended (Article 643). They increase by one month for a person who resides overseas, and by two months for a person who resides abroad.

Not responding, an aggravated risk since October 2026

Many leaders believe that a lawsuit without a defendant cannot proceed. This is incorrect. And since October 1, 2026, silence can be even more costly.

The classic rule: the judge still rules

If the defendant fails to appear, the case will nevertheless be decided on its merits. The judge will only grant the request if he deems it regular, admissible, and well-founded (Article 472 of the Code of Civil Procedure).

A judgment is rendered by default only if it is final and if the summons was not served personally. It is deemed to be a contested judgment as soon as it is subject to appeal or the document has been served personally (Article 473).

The difference is not theoretical. Against a judgment deemed to be rendered after a hearing in which both parties were present or represented, the right to appeal is barred. The only remaining recourse is an appeal, if one is available, to another court, or failing that, an application for review by the Court of Cassation.

The swift acceptance of uncontested applications

Decree No. 2026-683 of July 27, 2026, known as Magicobus III, added a third paragraph to Article 472. It allows the judge to grant the request without examining its merits when several conditions are met:

• the originating document was served in person;
• the case is judged in the first instance, in civil or commercial matters;
• the applicant does not object to this mechanism;
• the request is admissible and is not contrary to public order, a protected freedom, or a fundamental right;
• The judge is not required to provide specific reasons for his decision or to raise a point of law of his own motion.

The judgment may then be based solely on the finding of these conditions (amended Article 455). This provision applies only to proceedings initiated on or after October 1, 2026. It remains an option for the judge, not an obligation.

In practical terms, a questionable invoice or excessive penalties can be awarded if no one reports it to a judge. The National Bar Council strongly opposed this mechanism and called for the repeal of Article 7 of the decree in September 2026.

For a full analysis of the other measures in the text, see our article on the Magicobus III decree and civil procedure.

What remains for the defendant who did not appear

The appeal period is one month in contentious matters (Article 538). It generally begins from the date of notification of the judgment. An objection, however, is only available to a defaulting party against a judgment rendered by default (Article 571).

The judgment of the court of first instance is generally provisionally enforceable, unless otherwise provided by law or the decision (Article 514). Therefore, an appeal alone does not suspend the seizure of the company's accounts.

Certain judgments rendered in the absence of the defendant must be served within six months of their date, otherwise they are void (Article 478). This applies to default judgments and judgments deemed to be rendered after a hearing in which both parties were present or represented solely because they are subject to appeal.

The Court of Cassation has reiterated this (Cass. civ. 2e, September 14, 2023, No. 21-23.793).

One important point to be aware of: if the document was served personally, the judgment is not considered to be rendered after a hearing in which both parties were present or represented simply because it is subject to appeal. Therefore, relying on late notification is not a viable strategy.

The first fifteen days of the assigned leader

The first few days are not for drawing conclusions. They are for protecting the company from irreversible mistakes. Here is the order in which we recommend taking action.

On the day of submission: date, keep, centralize

Keep the entire document, including all attachments, without making any annotations. Note the date, time, and the name of the person who received it. Send a complete copy to management and your lawyer on the same day.

Do not respond directly to the opposing party, either by email or telephone. An ill-advised message could be used as evidence in court. A proposal for partial payment can be considered an acknowledgment of the debt and interrupt the statute of limitations (Article 2240 of the Civil Code).

Within three days: insurance and company situation

Review your insurance contracts: professional liability, directors' liability, legal protection. The claim must be reported within the period stipulated in the policy, which cannot be less than five working days (Article L. 113-2 of the Insurance Code).

A precautionary statement is often preferable to waiting. It describes the facts without admitting liability. Legal protection insurance may also cover part of the defense costs, depending on the policy terms.

Next, check the company's situation. Has a safeguard, reorganization, or liquidation procedure been initiated? The opening judgment then suspends or prohibits actions for payment by prior creditors (Article L. 622-21 of the Commercial Code).

Pending legal proceedings are suspended until the claim is filed (Article L. 622-22). A summary proceeding for provisional payment is not considered a pending legal proceeding: the application becomes inadmissible (French Supreme Court, Commercial Chamber, July 2, 2025, No. 24-17.279). The court-appointed administrator must be informed.

Conversely, a summons to pay is sometimes the first sign of strained cash flow. If the company is not insolvent, the safeguard procedure suspends individual legal actions and freezes prior debts.

Between the third and tenth day: reconstruct the file

The defense is built on pieces. Gather everything that traces the relationship with the opponent:

• the contract, its amendments, the applicable general terms and conditions and the purchase orders;
• invoices, account statements and proof of payment;
• evidence of execution: delivery notes, acceptance reports, intervention reports;
• written exchanges, complaints and formal notices received or sent;
• the meeting minutes and the names of the employees who followed the case.

If a formal notice preceded the summons, review it with your lawyer. Our article on formal notices and their legal effects explains what they may have triggered.

If the opposing party proposes a meeting, prepare for it. The presence of lawyers does not automatically make statements made by the parties confidential. The precautions are detailed in our article on the confidentiality of meetings between parties and lawyers.

Before the fifteenth day: appoint a lawyer and choose the line

At this stage, the lawyer has read the document, verified its legality, checked the placement, and assessed the stakes. He then prepares his case and proposes a strategy: challenging the procedure, arguing the merits, negotiating, or combining these options.

An early defender chooses their court, a late defender is forced to accept the opponent's. It is often in this window of opportunity that the balance of the case is decided.

The three most costly mistakes

• Wait until the hearing date to take action. The timeframes for preparing and verifying the document begin well beforehand.
• Challenging the merits of the case in writing before verifying the procedure may result in the loss of a plea of ​​nullity or lack of jurisdiction.
• Leaving the document without internal processing. A document signed at reception and then forgotten can be enough to have you tried in your absence.

What defenses can be used against a summons?

The Code of Civil Procedure categorizes defenses into three groups: procedural objections, pleas of inadmissibility, and substantive defenses. Their order is as important as their content.

Procedural objections, to be raised first

A procedural objection aims to have the proceedings declared irregular or terminated, or to suspend their course (Article 73). Lack of jurisdiction and invalidity of the summons are the most common examples.

These objections must be raised simultaneously and before any defense on the merits or plea of ​​inadmissibility, otherwise they will be inadmissible (Article 74). Furthermore, an objection of lack of jurisdiction must be substantiated and designate the court deemed competent (Article 75).

A common example: a contract between companies includes a clause granting jurisdiction to the court of the supplier's registered office, but the opposing party has filed a claim in another jurisdiction. The clause must then be valid and enforceable.

The objections to admissibility, to contest the right to act

A plea of ​​inadmissibility declares the opposing party's claim inadmissible without examination of the merits: lack of standing, lack of interest, prescription, res judicata (Article 122). It may be raised at any stage of the proceedings (Article 123).

The statute of limitations is the first thing to check. Between merchants, obligations are generally barred after a five-year statute of limitations (Article L. 110-4 of the French Commercial Code). If this period had expired by the date of the summons, the claim is inadmissible.

Before the judicial court, certain claims of €5,000 or less require prior amicable resolution, otherwise they will be inadmissible (Article 750-1). This involves an attempt at conciliation, mediation, or a participatory procedure. This requirement applies to proceedings initiated since October 1, 2023.

The defense on the merits and the counterclaim

The defense essentially argues the merits of the claim. Does the debt exist? Is its amount accurate? Has the plaintiff fulfilled their obligations? This is the heart of the case, and it rests on the evidence presented.

The defendant may also file a counterclaim, in which they claim an advantage other than the mere dismissal of the opposing claim (Article 64). For example, damages for defective performance.

He can finally call in a third party as guarantor, such as a subcontractor or an insurer, so that the same judgment settles the responsibilities of each party.

Negotiating or pleading: how we arbitrate

Negotiating does not preclude retaining legal counsel, and retaining counsel does not close negotiations. The two are often conducted in parallel, and negotiations are more effective when the opposing party knows that a defense is prepared.

We favor settlements when the opposing party's case is strong, when provisional enforcement threatens cash flow, or when the business relationship deserves to be preserved. We litigate when the debt is disputed or when the stakes go beyond the monetary amount alone.

One important point to keep in mind: if the claim is certain and documented, repeatedly raising objections will only delay the decision without changing it. The company then risks having to pay costs and compensation for the opposing party's legal expenses (Articles 696 and 700).

In turn, assign what the company must secure

The same rules apply when your company is the one taking action. A poorly prepared summons can be dismissed before it even reaches a court hearing.

First, choose the right procedure

A full lawsuit isn't always the quickest way to resolve a debt. For a clear and uncontested invoice, a payment order or a summary judgment may be more suitable. Our business-to-business debt collection compares these three options.

Checkpoints before issuing the document

• Check if an attempt at amicable settlement is imposed (article 750-1), and keep proof of it.
• Reiterate the provisions of Article 56, including the warning required since October 1, 2026.
• The deadline for filing is: 15 days before the hearing before the judicial court, 8 days before the commercial court.
• Preference should be given to personal delivery, which is a prerequisite for rapid admission in the event of the defendant's absence.
• Controlling the statute of limitations: it is the date of the summons that interrupts it (article 2241 of the Civil Code).

Before an economic tribunal, a contribution for economic justice may be payable by the plaintiff. This applies in particular to companies with more than 250 employees, when the total value of the claims exceeds 50,000 euros.

A summons is often won before the first hearing

A summons is neither a conviction nor a mere formality. It marks the beginning of a timeline set by the opposing party. The defendant, by reading the document, verifying the procedure, and gathering their evidence within the first fifteen days, regains control of this timeline.

The reform of October 1, 2026, makes this reflex even more necessary. An absence can now lead to a conviction, justified in a few lines, and then enforced even if appealed.

At the firm, these disputes are handled in particular by Audrey Marie, partner lawyer in charge of the Aix-en-Provence office.

Thomas Vidal, a lawyer specializing in commercial litigation at the Paris bar, is also involved.

They act in both plaintiff and defendant roles, within the business and corporate litigation.