How do I file an injunction to pay with the commercial court?

Here's what you need to know to file an injunction to pay with the commercial court:

• An injunction to pay is a fast, no-hearing procedure for recovering unpaid debts between professionals.

• It applies only to trade receivables that are certain, liquid and due (e.g., unpaid invoices).

• The creditor can make the request himself or go through a lawyer, bailiff or collection company.

• You need to submit a Cerfa 12946*02 form along with proof of the debt (invoices, purchase orders, etc.).

• Applications can be made to the commercial court in the debtor's place of residence, or online via Infogreffe.

• Once the order has been issued, it must be served by a bailiff, then enforced if necessary (seizure).

• Costs incurred (court clerk, bailiff) may be reimbursed by the debtor if he is convicted.

• In the event of a dispute, the debtor can file an objection within 30 days, leading to a hearing.

• Heropay saves you time: you collect faster, avoid unpaid bills, and prevent disputes before they get out of hand.

What is a payment order?

An injunction to pay is a simplified legal proceedings which allows a creditor to obtain a court decision without a hearing, provided he or she has written proof of claim .

It is used for certain, liquid and payable debts like an unpaid bill. More 500,000 requests for payment orders are filed with French courts every year, according to the Ministry of Justice .

When does it apply?

Order to pay before the commercial court is exclusively for trade receivables between professionals.

Cela inclut :

• Unpaid invoices between two companies

• Outstanding purchase orders

• Unfulfilled service contracts

• Signed IOUs

You cannot use it for disputes between individuals or for debts related to a residential lease . In these cases, jurisdiction lies with the judicial court.

Who can file an injunction to pay?

The procedure is open to professional creditors, but can also be initiated by a trustee.

The creditor (company or self-employed)

You can file the request yourself if you are the direct creditor . This applies equally to :

• A TPE/PME

• Un independent or freelance

• Un craftsman or shopkeeper

You must substantiate the claim with dated and signed documents.

Agents: lawyers, bailiffs, collection agencies

You can also appoint a professional to represent you :

• Un lawyer even if it's not mandatory

• Un bailiff who can also serve the order

• A collection company with a written power of attorney

This makes it possible to save time and avoid procedural errors.

Which court should I apply to?

Identifying the right court is essential to avoid dismissal.

Tribunal de commerce or tribunal judiciaire?

You must enter the commercial court if the dispute is between two professionals .

If the debtor is a private individual, it is the court who is responsible.

Territorial jurisdiction: which registry to contact?

You must contact the court of debtor's domicile .

In the case of a contractual clause, a different jurisdiction can be agreed in advance .

How do I file a payment order step by step?

Step 1: Fill in the application for an injunction to pay (form 12946*02)

Download and fill in the Cerfa n°12946*02 with details of the creditor, debtor and amount due.

Step 2: Attach proof of claim

Add :

• Invoices

• Order forms

• Dunning letters

• Acknowledgement of debt.

Step 3: Filing the application at the registry office or online via Infogreffe

You can send by mail or go to www.infogreffe.fr for a 100% online process.

Step 4: Receive the judge's order

If your request is accepted, you will receive a order for payment with or without provisional execution.

Step 5: Serve the order by bailiff

The prescription must be notified within 6 months to the debtor via a bailiff .

Step 6: Request compulsory execution if necessary

Without payment within 30 days, you can launch a seizure procedure (salary, bank account, assets).

What documents do I need?

The documents required are :

Cerfa n°12946*02 form

This is the official document to be completed for all payment order procedures. It is available online at service-public.fr .

Invoices, purchase orders, dunning letters, etc.

Join all evidence of debt signed quotation, invoice, delivery note, written exchanges.

What are the lead times and costs?

Deadlines and costs are easy to understand:

Court processing times

The delay varies according to the registry, but on average, 2 to 4 weeks are required to receive the prescription.

Court fees and bailiff's fees

Le cost of deposit to the court is 35 à 40 € online. The bailiff's service costs between 40 and €100 depending on the zone.

Is it possible to recover costs from the debtor?

Yes, you can request reimbursement in the proceedings. If the debtor is convicted, he will have to pay these costs in addition to the principal debt.

Is it possible to issue a payment order online?

Yes, you can issue a payment order online.

Via Infogreffe or Tribunal Digital

Both platforms allow you to file an injunction to pay 100% online :

The advantages and limitations of paperless procedures

• + Save time: You don't have to travel or wait in line. In just a few clicks, your request is sent to the right registry, which can save several days.

• + Centralized tracking: all stages are visible online: filing date, processing, decision. No need to call the court or chase up letters.

• - Not always possible for private individuals: Some platforms, such as Infogreffe, are designed for professionals. A private individual wishing to file an injunction to pay can quickly feel lost, or even be blocked, depending on the court.

• - Online payment can be restrictive: Payment of court fees must be made immediately online. If you don't have the right credit card, or if the platform crashes (yes, it happens), you can waste time unnecessarily.

What if the injunction is contested?

You can make an objection.

Debtor's opposition

The debtor can object within 30 days depending on the meaning. This results in a substantive hearing in court.

What happens if an objection is accepted?

The judge hears both parties. If the debtor proves that debt is unfounded the order is cancelled. Otherwise, the a judgment of conviction is returned.

Heropay helps you reduce overdue payments upstream

Making an injunction to pay takes time. The best way is to avoid it . This is why Heropay act before delays become critical:

• Advance bill financing get your money immediately and reduce your dependence on customer deadlines

• Rapid collection and tracking of payments track who owes you what and relancez automatically

• Assistance with collections in the event of non-payment, Heropay helps you react quickly and stress-free

Stop suffering from late payments. Take control with Heropay.