Amicable recovery: simplified procedure for the recovery of small claims
Verified 16 July 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
Where a customer has failed to pay a claim of less than €5,000, a simplified recovery procedure conducted by a Commissioner of Justice may be initiated.
Where the amicable recovery (relaunch, formal notice) of a claim which does not exceed €5,000 has not worked, the simplified procedure can be used. It allows a claim for payment of a debt in a reduced period of one month.
This specific procedure is implemented by a Commissioner of Justice.
This procedure concerns all claims ‘has a contractual cause or arises out of an obligation of a statutory nature ’:
- Debts having a contractual cause are those due in the performance of a contract (e.g. sales contract, lease, loan contract, insurance contract)
- Claims arising from statutory obligation mainly concerns claims due to social organizations, professional bodies, pension funds or Urssaf contributions.
The claim must be certain, liquid and due. That is, the claim must be well founded and justified in principle. The amount of the claim shall be determined or determinable. The claim has expired.
The amount must not exceed €5,000 .
This is a procedure participatory.
The creditor must contact a Commissioner of Justice which has jurisdiction within the jurisdiction of the court of appeal of the debtor's domicile or registered office:
Who shall I contact
The Commissioner of Justice shall send a registered letter with a request for notice of receipt or an electronic message to the debtor to invite him to take part in this procedure.
The letter or message must state the amount of the claim and the identity of the creditor. The different stages of the procedure should also be specified. A sample letter is available:
Model letter inviting the debtor to participate in the simplified recovery procedure
The debtor may accept or refuse to participate in the simplified recovery procedure. He must give his consent within one month of the letter or message being sent. Failure to reply within one month is tantamount to an implied refusal.
After a period of one month, the Commissioner of Justice shall determine whether the addressee of the letter or message agrees or refuses.
In the event of an express or implied refusal, the creditor may apply to the court for an enforceable title
FYI
The National Chamber of Judicial Commissioners has created a platform to file an unpaid payment with the supporting documents (invoice). The case is then taken over with the guarantee of a response in less than 2 months.
The costs of filing the case with the Commissioner of Justice are at the creditor's charge, or €14.92 TTC.
In case acceptance of the proceedings by the debtor, the cost of issuing the enforceable title by the Commissioner of Justice €29.76 TTC. These are not due if the procedure fails).
In the case of voluntary payment by the debtor, the Commissioner of Justice shall also collect emoluments from cash received:
Répondez aux questions successives et les réponses s’afficheront automatiquement
Up to €188
Emoluments of the Commissioner of Justice: €21.28
Over €188
Beyond €188 and up to €5540 a fee proportional to the sums recovered is payable.
Trim slice | Elevation of the Commissioner of Justice |
|---|---|
From €0 to €125 | 11.61% sums recovered |
From €125.01 to €610 | 10.64% sums recovered |
From €610.01 to €1,525 | 10.16% sums recovered |
From €1,525.01 to €5,000 | 3.87% sums recovered |
For example, for a claim of €200, on 1era slice of €125 shall be subject to the 11.61% and the second tranche of €75 at the rate of 10.64%, which gives an emolument of €22.49.
If the debtor accepts the simplified procedure, he must reply within one month of the dispatch of the letter or an electronic message. It may give its consent in one of the following ways:
- or via the Small Claims Processing Platform
Small Claims Processing Platform
- either by post or by e-mail, using the following format:
Small Claims Processing Platform
The Commissioner of Justice then proposes to the debtor an agreement on the amount to be paid and the terms of payment.
If the debtor agrees, the Commissioner of Justice issues a enforceable title. A copy shall be given to the debtor free of charge.
The limitation period for bringing proceedings for recovery of the claim shall be suspended as soon as the debtor agrees to participate in the proceedings.
Where the debtor refuses to participate in the proceedings or disagrees with the amount and the proposed terms of payment, the debtor shall procedure ends.
The creditor may then apply to the court for payment of that claim. He has the choice between several procedures: order for payment, on interim provision or assignment for payment in court.
Simplified procedure for the recovery of small claims