There are three procedures in judicial collection:
This is the most used procedure in debt collection.
It does not require the intervention of a lawyer and we can file the application for an order for payment directly with the competent court. This is particularly recommended if the claim is not contested.
The judge issues an order for payment which must be served by a bailiff. The debtor has one month to contest this order. Failing this, the order will become enforceable at the end of this period and enforcement measures may be initiated.
- Referral for provisional payment
It is also a procedure for obtaining a prescription quickly. The intervention of a lawyer is necessary here and this procedure is subject to a strict condition: the claim must not be seriously contestable.
The judge will issue an order called enforceable by operation of law on a provisional basis, the creditor can then serve this order by way of a bailiff and start the enforcement procedure.
It is a longer procedure with several hearings, drafting of conclusions etc... This procedure will therefore be much faster than the two previous ones but also more expensive.