Summons to pay: Everything you need to know
It is part of the debt collection process.
This request must be made to a bailiff or a collection agency with a bailiff’s network.
Find out more in this article about this procedure and what it involves in the debt collection process.
What is a summons to pay?
A summons to pay is an official legal act in which a creditor asks his debtor to pay a debt within a specified period.
The summons to pay is served by a bailiff (also known as a “commissaire de justice”) and compels the natural or legal person concerned to take action, on pain of legal proceedings.
The summons to pay is an amicable prelude to legal action.
The different types of claims that can be the subject of a summons to pay
A summons to pay can be requested for a debt arising from a contract (also known as a general case), unpaid rent and charges, consumer credit or a commercial debt between professionals.
You’ll need to show the bailiff that the claim is justified, i.e.: certain, liquid, payable and not time-barred. Supporting documents must accompany the document to substantiate the claim: contract, reminder letter, formal notice, unpaid invoice, etc.
The key stages in the summons to pay procedure
- Prepare debt-related information for transmission to the bailiff
- Choose the bailiff who will handle your case (you can also use a collection agency with a network of bailiffs for advice).
- Serve the summons on the debtor, specifying the deadlines to be met and the consequences of non-payment (legal proceedings).
- Follow-up on the summons to act quickly in the event of payment, response or, conversely, absence of response.
- Proceeding to legal action in the event of non-payment following summons
The effectiveness and limitations of the summons to pay in the collection process
A summons to pay is an inexpensive procedure for quickly forcing a debtor to honor a debt.
It corresponds to a formal demand sent by a bailiff, and can follow an initial registered letter sent by the creditor to demand payment.
This amicable procedure is quicker and simpler than legal proceedings such as injunctions to pay.
Using a bailiff
The bailiff is a public officer in charge of enforcing legal decisions.
He is responsible for the legal or amicable collection of debts.
The summons to pay, delivered by the bailiff, will be perceived as having an official value and a stronger legal pressure.
The fact that it is served by a bailiff can make a greater impression on the debtor, prompting him to take the obligation more seriously.
The limits of the summons to pay
A summons to pay is not a legal document, as it is not issued by a judge.
The debtor can refuse to pay the debt mentioned in the letter if he finds it unfounded, and can contest it formally.
The debtor is not obliged to respond to a summons to pay.
The costs of this procedure are borne by the creditor.
These costs may be claimed from the debtor in addition to the principal claim.
What should I do if I don’t pay my summons?
If, despite the summons to pay, the debtor fails to pay, the creditor can take legal action before a local magistrate.
The summons to pay provides solid evidence for future legal action, and makes it easier to prepare for legal action by providing more solid evidence.
If he wishes, the creditor can go before the judge to obtain an injunction to pay and a writ of execution.
A writ of execution is an official legal document that enables the holder to enforce payment of the debt.
It is therefore often seen as a more effective way of forcing a debtor to perform quickly.
SSPCollect offers you collection packages with summons to pay thanks to our network of bailiffs.
Photo by Cytonn Photography on Unsplash