Which court for an injunction to pay? The right court for you

Do you have a customer who hasn't paid his bill and you're thinking of launching an injunction to pay? First and foremost, you need to know which court to apply to. A mistake as to which court has jurisdiction can delay proceedings considerably, or result in outright dismissal. In this article, we explain how to identify the right court depending on the type of dispute and your debtor's place of residence.

Here's what you need to know about which court to choose for an injunction to pay:

If the dispute concerns two professionals, you must refer the matter to the Commercial Court.
If your debtor is a private individual, or if the dispute is between two private individuals, the court has jurisdiction.
For unpaid rent or consumer credit, the right contact is the Protection Litigation Judge.
In Alsace-Moselle, disputes between professionals go through the commercial chamber of the judicial court, as there is no commercial court.
In principle, the court with territorial jurisdiction is that of the debtor's domicile, unless a valid contractual clause provides otherwise.
A jurisdiction clause in the contract may designate another court, but it is only valid between professionals.
If there is more than one debtor, you can apply to the court in the place where one of them is located.
Always use the appropriate Cerfa form, otherwise the procedure may be rejected.
In the event of a court error, the judge may transfer the file or reject it: check in advance via Infogreffe or Service-Public.
Heropay helps you avoid these mistakes right from the start, with tools to centralize your receivables, verify your customers, and accelerate collections online or by link.

Which court has jurisdiction depending on the nature of the dispute?

Before even thinking about the form or the mailing, there's an initial question to answer: what type of dispute are we talking about? Depending on the situation, the competent jurisdiction will not be the same.

Summary table of courts by nature of dispute

Court: for individuals or individuals vs. professionals

If you are professional and your debtor is a individual is the court that must be referred to. This jurisdiction also applies to disputes between two individuals.

According to the Ministry of Justice , more than 30% of payment orders were concerned with this type of case.

Commercial court: for disputes between professionals

As soon as both parties are registered professionals is the responsibility of the commercial court .

This is the most common case for B2B receivables. For example, a communications agency that has not been paid by its restaurant client.

Protection litigation judge: for unpaid rent and consumer credit

This specialized judge is a section of the judicial court. He intervenes in cases of unpaid loyers the consumer credit or disputes relating to residential leases. You should contact him if you are landlord or credit institution .

Special case: the commercial division of the Alsace-Moselle judicial court

In Alsace-Moselle (Bas-Rhin, Haut-Rhin, Moselle), there is no commercial court. Disputes between merchants are handled by a "tribunal de commerce". commercial division of the judicial court . This is an exception inherited from local law, which remains in force.

Which court has territorial jurisdiction?

Knowledge what type of court it's not enough just to grasp. You still have to identify the right court with geographical jurisdiction . A mistake can cost time, or even invalidate the entire procedure.

Summary table of territorial rules

General rule: the court of the debtor's domicile

Default, the court where the debtor resides or is domiciled who has jurisdiction. For example, if your customer is based in Marseille, the injunction should be addressed to the court with jurisdiction for Marseille.

Possible derogations in the case of a contractual clause

Some jurisdiction clauses make it possible to designate a court in advance, for example that of the creditor's head office.

But be careful: these clauses are valid only between professionals and must be clearly set out in the contract .

Disputes with several debtors: how to choose?

If you continue several debtors you can enter the court of the place of any of them . This simplifies the procedure and avoids the need to issue several injunctions in parallel.

How do I send my application for an injunction to pay to the right court?

Once the good court identified you still need transmit correctly the request for the procedure to be taken into account.

Mailing or filing at the appropriate registry office

You can send the request by mail or physically deposit it at the clerk's office of the relevant court.

In certain cases, electronic transmission is possible, in particular with the commercial courts via the website infogreffe.fr .

Using the right Cerfa form for your situation

There are several Cerfa forms depending on the nature of the dispute. The most common is the Cerfa n°12946*06 for commercial courts. Using the wrong form may result in rejection.

Possibility of using an agent (lawyer, bailiff)

You can entrust the process to a lawyer or bailiff especially if you're not used to these procedures. This secures the file and avoids form errors .

What to do if you've come to the wrong court?

A court error can have consequences. So it's crucial to understand how to react in the event of incorrect referral.

Automatic transfer by the judge in certain cases

In some cases, the judge can automatically application to the competent court. This is not systematic, but is provided for in article 97 of the Code of Civil Procedure .

Risk of rejection for inadmissibility

If the error is obvious and the judge does not transfer the case, the petition may be filed with the court. deemed inadmissible . This will make you lose several weeks or even starting from scratch .

Tip: check in advance via Infogreffe or Service-Public

Before transmitting, check competence from the court via infogreffe.fr or service-public.fr. These platforms will give you the contact details of the appropriate court for your situation.

Why does Heropay recommend identifying the competent jurisdiction?

Choosing the wrong court can delay or block your payment order procedure .

At Heropay we know that unpaid invoices are not just late payments: they are cash flow tension A risk of dry loss, and a waste of time for your teams.

Heropay helps you avoid this right from the start with simple yet powerful tools:

Save time avoid procedural errors: centralize your payments, invoices and follow-up in a single interface.
Cash in faster : Heropay propose payment by link or on your site from 0.4%, and invoice financing up to €50,000 .
Secure your cash flow your funds are up to 5% interest protected off-balance sheet, and accessible via IBANs multiples , virtual or physical cards and a 100% online pro account .

Rather than waiting for an unpaid bill or getting bogged down in legal paperwork, Heropay allows you to better manage your receivables and focus on growth .

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