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assignation-refere-recouvrement-creance-selim-brihi

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Updated 10-15 23:49

About this skill

Summary Summons - Debt Recovery

This skill guides the drafting of summary summonses before the president of the commercial court or economic activities court when a creditor seeks an order against its debtor for payment of a certain, liquid and due debt, in the absence of a serious dispute.

Legal basis : Article 873, paragraph 2 of the Code of Civil Procedure (jurisdiction of the summary judge in the absence of a serious dispute).

Key principle : The summary judge may award a provision to the creditor or order performance of an obligation where the existence of the obligation is not seriously disputable.

Drafting workflow

Phase 1: Collection of information

Collect all necessary information from the user. Consult workflow-collecte.md for the 6 phases of questions to ask:

  1. Identification of the parties and of the debt
  2. Contractual relationship
  3. Performance and evidence
  4. Reminders and absence of payment
  5. Available documents
  6. Procedural elements

Phase 2: Drafting of the summons

Draft the summons following the 5-part structure. Consult structure-assignation.md for the complete template:

  1. Header
  2. Mandatory warnings (version A for a company, version B for a natural person)
  3. Body: MAY IT PLEASE THE PRESIDENT (Facts + Discussion)
  4. Operative part: FOR THESE REASONS
  5. Schedule of exhibits

Phase 3: Adaptation according to the case

Adapt the drafting according to the type of debt. Consult variantes-cas-particuliers.md for:

  • Variants by type (intellectual services, sale of goods, continuous services, works)
  • Adaptation according to the amounts (small, medium, large debts)
  • Particular cases (partially disputed debt, without a written contract, with set-off invoked, with a termination clause)

Phase 4: Verification and finalisation

Verify the consistency of the document. Consult conseils-strategie.md for:

  • Key drafting points
  • Complete final checklist
  • Procedural strategy (provision vs final order)

Phase 5: Creation of the document

Create the final document in .docx format and present it to the user.

Essential elements not to forget

Indispensable exhibits

  • Kbis extract of the creditor and of the debtor (less than 3 months old)
  • Contract or purchase orders or T&Cs
  • All unpaid invoices
  • Proof of performance (report, delivery notes, attestations)
  • Client account general ledger
  • Reminders (if any)

Standard claims

  • Provisional sum (principal claim)
  • Flat-rate collection compensation (€40 x number of invoices - Article L. 441-6 of the French Commercial Code)
  • Interest at the statutory rate + compound interest
  • Costs under Article 700 of the French Code of Civil Procedure (€1,500 to €5,000 depending on the amount of the claim)
  • Court costs

Key legal points

  • Claim certain (current and undisputed existence)
  • Claim liquid (amount estimated in euros)
  • Claim due (matured, not subject to a suspensive condition)
  • Absence of serious dispute (no mere allegation)

Detailed references

  • Structure of the statement of claim : See structure-assignation.md for the complete template of the 5 parts (header, warnings, body with facts and discussion, operative part, schedule of exhibits)

  • Collection workflow : See workflow-collecte.md for the 18 questions to ask the user divided into 6 phases

  • Variants and special cases : See variantes-cas-particuliers.md for adaptations depending on the type of claim (services, goods, works), the amounts, and special situations (partial dispute, set-off, termination clause)

  • Advice and strategy : See conseils-strategie.md for the key drafting points, the complete final checklist, the usual amounts, and the procedural strategy (provisional award vs final judgment, expedited proceedings vs order for payment)