1. What is a small claims court?
The small claims court is a branch of the Judicial Court. It makes it easier for citizens to access the justice system for everyday disputes and certain simplified proceedings.
2. What is the difference between a judicial court and a magistrate's court?
The magistrate's court is not an independent court. It is part of the district court, of which it is a local division. The same judges and the same rules of procedure apply there.
3. What types of disputes are handled by the small claims court?
The small claims court handles, among other things:
- certain consumer disputes; ;
- disputes between individuals ;
- Unpaid bills ;
- minor contractual disputes; ;
- neighborhood disturbances ;
- reimbursement requests; ;
- rental disputes within its jurisdiction.
4. Is there a monetary limit for filing a claim with the small claims court?
Yes. Disputes involving a financial stake of €10,000 or less are generally handled through simplified procedures before the Consumer Protection Court or the General Court. Disputes involving less than €5,000 can often be filed by petition.
5. When should you file a case with the small claims court?
Legal action should generally be considered only after attempts at an out-of-court settlement have failed:
- face-to-face discussion; ;
- written complaint ;
- formal notice ;
- conciliation or mediation, whenever possible.
6. Is an attempt at an out-of-court settlement mandatory?
In many civil disputes involving amounts under €5,000, a prior attempt at amicable resolution is required before the matter is brought before a court, except in cases provided for by law.
7. How do I find the appropriate small claims court?
You can use the official service provided by the Ministry of Justice:
Ministry of Justice Directory of Courts
Jurisdiction generally depends on the defendant's place of residence or on specific rules applicable to the dispute.
8. In a consumer dispute, can I file a lawsuit in the court where I live?
Yes. Consumers are protected by rules that often allow them to file a lawsuit either in the court where the business is located or in the court where they themselves reside.
9. Is it mandatory to hire a lawyer?
No. For most disputes heard by the small claims court, it is not mandatory to have a lawyer represent you.
10. What is a query?
A complaint is a written document in which the plaintiff sets forth the facts of the case, the claims being made, and the evidence supporting them. In certain cases, it allows the plaintiff to bring a case before the court without having a judicial officer serve a summons.
11. Can you file a petition without a lawyer?
Yes. The litigant may draft and file the petition on his or her own.
12. What information must a request contain?
The request must specify, in particular:
- the identity of the parties; ;
- full contact information; ;
- the subject matter of the dispute; ;
- the facts; ;
- the requests made; ;
- the amount claimed; ;
- any attempts at an out-of-court settlement; ;
- supporting documents.
13. What documents should be included?
We recommend that you include:
- contracts ;
- quote; ;
- Invoices ;
- photographs ;
- email exchanges ;
- registered letters; ;
- formal notice ;
- evidence of attempts at an out-of-court settlement.
14. Is there a fee for filing a petition?
In principle, filing a petition with the court is free of charge. However, certain incidental expenses may apply (copies, expert reports, and any enforcement costs).
15. What happens after the petition is filed?
The court clerk's office registers the petition, and the court generally summons the parties to a hearing. Each party may then present its arguments and evidence.
16. How does the hearing proceed?
The judge:
- verifies the identity of the parties; ;
- listen to everyone's explanations; ;
- reviews the documents submitted; ;
- asks questions; ;
- sometimes attempts mediation before rendering a decision.
17. Does the judge issue a ruling immediately?
Sometimes, yes, but more often than not, the judgment is rendered at a later date known as the «date set for deliberation.» The parties are then notified of the decision.
18. What happens if I win my case?
The party against whom the judgment was rendered must comply with the court’s decision. If that party refuses, enforcement measures may be taken with the assistance of a court officer.
19. Can a judgment be appealed?
It depends on the amount in dispute and the nature of the decision. Some decisions are rendered at the first instance and may be appealed, while others are final.
20. Why file a case with the small claims court?
The small claims court offers several advantages:
- local access to justice; ;
- streamlined procedures; ;
- It is often possible to file a complaint without a lawyer; ;
- limited cost; ;
- handling day-to-day disputes; ;
- the option to formally assert one's rights when amicable efforts have failed.
Key points
The small claims court is often the final step in resolving a civil dispute when out-of-court settlements have failed. Before filing a case there, it is generally recommended to follow a logical sequence of steps:
- amicable discussion ;
- written complaint ;
- formal notice ;
- conciliation or mediation ;
- referral to the competent court.
This approach demonstrates your willingness to resolve the dispute amicably and often makes it easier for the judge to review the case.