Introduction

Existence of a claim

Issuance of enforcement order (writs of execution)

Existence of seizable assets or claims

Conditions of enforcement

Judicial authority

Other authorities

Competent authorities and persons

Operations

Difficulties in enforcement

Implementation of compulsory enforcement

General regime of enforcement procedures

Concept of penalty

Scope ratione personae

Material scope

Determination of penalty

Competence of judge

Powers of court

Effects of ruling ordering or rejecting penalty

Pronouncement of penalty

Substantive conditions

Procedural conditions

Role and powers of the judge

Effects of liquidation judgment

Liquidation of the penalty

Penalty

Conditions of implementation

Contesting the measures

Ordinary law on protective measures

Protective seizures

Judicial security interests (sûretés judiciaires)

Specific regimes

Interim protective measures (mesures conservatoires)

Seizure of claims for sums of money

Seizure of tangible movable property

Seizure of intangible rights

Enforcement measures on movable property

Real estate seizures

Evictions

Enforcement measures on real estate

Enforcement measures

5. Civil Enforcement Procedures

Under Article L. 111-3 of the Code of Civil Enforcement Procedures, writs of execution include those issued by the judicial commissioner in cases of non-payment of a check or agreement between the creditor and debtor regarding the recovery of small claims. This provision allows creditors to have a simplified and expedited procedure to obtain a writ of execution.
Regarding writs of execution issued …

Enforcement orders for non-payment of check and recovery of small claims

Under Article L. 111-3 of the Code of Civil Enforcement Procedures, writs of execution include those issued by the judicial commissioner in cases of non-payment of a check or agreement between the creditor and debtor regarding the recovery of small claims. This provision allows creditors to have a simplified and expedited procedure to obtain a writ of execution.

Regarding writs of execution issued in the event of non-payment of a check, a certificate of non-payment is issued at the request of the holder, after a period of thirty days or if no provision has been made to allow payment within the same period. This certificate is issued by the drawee when, beyond the thirty-day period, a new presentation proves unsuccessful. It must be notified to the drawer or, failing that, served. The judicial commissioner who has not received proof of payment of the check amount and fees within fifteen days from receipt of the notification or service issues, without further procedural act or cost, a writ of execution . Writs issued by judicial commissioners constitute writs of execution but are different from judgments. A writ of execution issued by a judicial commissioner cannot authorize the registration of a definitive court-ordered mortgage  or result in an increase of the legal interest rate by five points within a two-year period . Therefore, nothing prevents a creditor who has already obtained a writ of execution established by a judicial commissioner from requesting the court to rule on a claim for payment of the same debt .

Furthermore, a simplified procedure  can be implemented by a judicial commissioner at the creditor's request for the recovery of a claim with a contractual cause or resulting from a statutory obligation and less than EUR 5,000 . This procedure is initiated by the judicial commissioner sending a registered letter with acknowledgment of receipt or an electronic message inviting the debtor to participate in this procedure . The letter or message must indicate that the recipient can accept or refuse to participate in the simplified recovery procedure and that, if they accept, they must express their agreement within one month from the sending of the letter or message, either by sending an acceptance form by postal mail or electronically, or by signing the letter, if applicable, by any specially authorized person. The absence of a response within one month constitutes an implicit refusal. In the event of an express or implicit refusal, the creditor may apply to the court to obtain a writ of execution. When the recipient agrees to participate in the simplified recovery procedure, the judicial commissioner proposes an agreement on the amount and terms of payment . The simplified recovery procedure ends when the judicial commissioner records, in writing, which may be established electronically:

- the recipient's refusal to participate in the procedure;

- the expiration of the one-month period from the sending of the letter or the message transmitted electronically, without an agreement being reached on the amount and terms of payment;

- the express refusal given by the debtor, within the same period, regarding the proposed amount or payment terms;

- the conclusion of an agreement, within the same period, regarding the amount and terms of payment.

The judicial commissioner, who has received the agreement of the creditor and the debtor on the amount and terms of payment, issues a writ of execution  without any further formality. All costs of any kind incurred by the procedure are exclusively borne by the creditor .

Monetary and Financial Code, Art. L. 131-73.

Cass. 3e civ., 21 January 2016, LawLex202300001223JBJ.

Cass. 2e ch. civ., 7 January 2016, LawLex202200010898JBJ.

Cass. 1re civ., 1 March 2023, LawLex202300003437JBJ.

5. Civil Enforcement Procedures

26. Enforcement orders for non-payment of check and recovery of small claims

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26. Enforcement orders for non-payment of check and recovery of small claims

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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