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:
- Identification of the parties and of the debt
- Contractual relationship
- Performance and evidence
- Reminders and absence of payment
- Available documents
- Procedural elements
Phase 2: Drafting of the summons
Draft the summons following the 5-part structure. Consult structure-assignation.md for the complete template:
- Header
- Mandatory warnings (version A for a company, version B for a natural person)
- Body: MAY IT PLEASE THE PRESIDENT (Facts + Discussion)
- Operative part: FOR THESE REASONS
- 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
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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)
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Collection workflow : See workflow-collecte.md for the 18 questions to ask the user divided into 6 phases
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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)
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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)