Filing of the application for an order to pay
- You can continue to file payment injunction applications in paper format with the attached documents also in paper format with NOW also requiring a list of supporting documents.
- One reason: not all jurisdictions are able to process electronic requests.
Order for payment issued by the court with an enforcement clause
- Consequence 1: The procedure of sending only the application and the extract of the order to the bailiff for service is no longer valid
- Consequence 2: You must send the court order you received and the documents you submitted with your application to the bailiff for service
- A 6-month deadline must be met to notify the holder of the title. Otherwise, it becomes invalid
The documents will be deposited in a safe accessible to the defendant using a login and password
- The safe is created by the bailiff
- The documents will be deposited in this digital vault (one vault per file)
- The service of process allows the respondent to be provided with the login and password to access the documents in their file
- GDPR compliance. If joint debtors, notification is made to each recipient.
- The cost of setting up the safe deposit box: The cost of setting up this safe deposit box should be considered a disbursement (€1.50 excluding VAT). Therefore, the bailiff may request payment from their client
Opposition period: 1 month
- The debtor has one month to file an objection
- If the debtor files an objection, the creditor and/or their representative will be summoned
- It is imperative that the client be represented at the hearing by a person exclusively assigned to their department or by a lawyer in the case of civil proceedings
Application for a certificate of no objection
- A certificate of no objection can be requested from the Registry
- No enforcement measures may be initiated until the certificate of no objection is received
- CNO receipt: implementation measures can be initiated.
- Reminder: if service has not been made in person, the objection is admissible until the expiry of a period of one month following the first act served in person or, failing that, following the first enforcement measure which has the effect of making the debtor's assets unavailable in whole or in part.
OIP scheme following the decree of 11/10/2021 – to the decree of 25/02/2022
