Previous attempts to resolve the dispute amicably having failed, Alice brings the matter before the competent court against Bob (see. The right approach)
After several friendly exchanges, a formal notice to perform that went unheeded, and a failed attempt to resume dialogue with the assistance of a neutral third party, Alice decides to refer the matter to the competent court in order to assert her rights against Bob. She goes to see Jeanne at the registry of this local court to file an application, because her dispute is for less than 5,000 euros and she has a certificate showing a prior attempt to find an amicable solution.
1. Alice checks which court has jurisdiction
Before taking any steps, Alice identifies the local court competent
- in general, the local court ;
- for a consumer dispute, she can often bring the matter before the court of her place of residence; ;
- She also verifies that her dispute falls within the jurisdiction of this court.
2. Alice prepares her case file
Alice gathers all the useful parts:
- contract, quote or invoice; ;
- email exchanges ;
- certified mail ;
- formal notice ;
- photographs ;
- potential certificates ;
- any document establishing the facts.
She sorts the parts and assigns them a number:
- Document No. 1: invoice ;
- Exhibit No. 2: formal notice; ;
- Exhibit No. 3: acknowledgment of receipt ;
- etc.
3. Alice prepares her application
Alice completes the appropriate Cerfa form or write a request on plain paper.
Her request contains in particular:
- her full name and contact details;
- the identity of Bob ;
- the contact details of the parties; ;
- the chronological presentation of the facts ;
- the amicable steps already taken; ;
- the amounts claimed or the requested solution; ;
- the list of attachments.
She signs the request.
4. Alice files her application
Alice goes to the registry of the competent court.
Court clerk:
- verify that the file is complete; ;
- save the request; ;
- assign a file number; ;
- Issue a receipt if necessary.
The registry does not judge the case. It only checks the administrative admissibility of the file.
5. Summoning of the parties
A few weeks later, the court registry sends a summons:
- to Alice; ;
- to Bob.
The summons states:
- the hearing date; ;
- time ;
- the room ;
- the file references.
Bob also receives a copy of the request made by Alice.
6. Preparation for the hearing
Before the hearing, Alice prepares a clear file:
- a copy of the request ;
- her numbered exhibits;
- a chronological summary of the case; ;
- the exact amount she is claiming.
She is also preparing a short oral presentation of the facts.
7. The day of the hearing
Alice arrives early at the courthouse.
When the case is called:
- Alice appears before the judge; ;
- Bob is also invited to present his point of view.
The judge hears in turn:
- Alice's explanations; ;
- Bob's explanations ;
- any additional observations.
The judge may ask questions to both parties.
8. Attempt at conciliation
In some cases, the judge first seeks to reconcile the positions of the parties.
If Alice and Bob reach an agreement:
- this can be noted by the judge; ;
- The dispute comes to an end.
Substantive debate
If no agreement is reached:
- Alice presents her arguments; ;
- Bob replies; ;
- The parts are examined.
The judge verifies in particular:
- The evidence ;
- contracts ;
- the exchanged correspondence ;
- everyone's obligations.
10. Case taken under advisement
At the end of the hearing, the judge may:
- render a decision immediately ;
- or take the case under advisement.
In this second case, a date is announced for the judgment.
11. The Judgment
A few weeks later, the judgment is rendered.
The judge may, for example:
- order Bob to pay a sum of money to Alice; ;
- order the execution of a service; ;
- reject all or part of the request; ;
- share the responsibilities.
12. After the judgment
If Bob voluntarily executes the decision, the case is closed.
If Bob refuses to comply with the judgment, Alice can request the intervention of a Judicial Commissioner (formerly a bailiff) in order to implement the enforcement measures provided for by law.
Simplified summary
- Failure of amicable settlement.
- Alice is gathering her evidence.
- Alice drafts and files a petition.
- The registry records the file.
- Alice and Bob are summoned.
- Court hearing before the judge.
- Potential tentative agreement.
- Review of the dispute.
- Judgment.
- Execution of the decision.