Bob ignores Alice's formal notice, which therefore remains unsuccessful after the deadline set by Alice.
The analysis made by «Your Dispute» Step 4 made it possible, on the one hand, to offer Alice a choice between two types of third-party interveners (an on-site justice conciliator and a remote consumer mediator), on the other hand, to indicate to her which type of jurisdiction (in this case, a local court) to turn to in the event of a failure to reach an agreement with Bob, and finally, to specify which type of referral (referral to the court) would be most advantageous for her, in this case a simplified referral (without a lawyer or bailiff) by application, because the amount of her dispute is less than €5,000.
If her dispute had been over €5,000, Alice would have had to bring the case before the competent court by summons rather than by application. This procedure requires the intervention of a judicial commissioner and may also require the assistance of a lawyer, depending on the nature of the case and the amount in dispute.
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, otherwise, the court of the defendant's place of residence generally has jurisdiction,
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.
Alice is drafting a draft request using the appropriate Cerfa form.
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
Alice goes to the court registry and the registry 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.