How to settle a dispute with or without a lawyer
There are several cases where the use of a lawyer may be necessary, but there are also many situations where you can defend yourself.
We will consider in this chapter how and where disputes that can be settled with: an individual, a dealer, an insurer, the Administration, the police or quite simply with the Justice for a speeding violation for example and in which cases the use of a lawyer is mandatory or advisable.
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The so-called "injunction to do" procedure
"The injunction to do" is a procedure that allows easily and without too much expense and difficulty to resolve conflicts arising from the non-performance in kind of an obligation arising from a contract with a professional or an individual. It could be a dealer not meeting their delivery deadlines, incorrectly carrying out a repair, etc. If the value of your request does not exceed €10,000, you have the possibility of using the injunction to do procedure.
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The so-called "injunction to do" procedure is governed by article 1425-1 to 1425-9 of the new code of civil procedure.
1/ The local judge of the place of residence of the professional or of the place of performance of the obligation is competent, if the dispute relates to an obligation whose value is less than or equal to €4,000, except in cases falling under the sole jurisdiction of the district court.
2/ The district court of the place of residence of the professional or of the place of performance of the obligation is competent, if the dispute:
relates to an obligation whose value is less than or equal to €4,000 and which is exclusive jurisdiction of the district court, or if the value is greater than €4,000, and less than or equal to €10,000.
You can, instead of traveling, download the application formrequest for an injunction to the district court (Cerfa n°11723 05)
Please note that the request must mention the surnames, first names, addresses and professions of the parties and their registered office in the case of companies. (on the site: www.societe.com , you will have all the information on the legal form of the company, its head office, its registration number in the commercial register, its manager or CEO).
To your file you must attach the documents attesting to your version of the facts: invoices, purchase orders, estimates and all documents allowing you to win your case. If the magistrate who will deal with your file considers that you are within your rights, he will issue an order to both parties by registered letter with acknowledgment of receipt.
This order will specify the deadlines and conditions for the execution of the injunction and will mention the day of the hearing in the event of non-compliance with this order. If your opponent does not comply with this injunction and disputes your request, the court will examine the case in the presence of both parties.
(and you can then claim damages).
On the other hand, if the judgment does not suit you, you will then be able to appeal to the Court of Appeal.
Find out more about the injunction to do: vosdroits.service-public.fr/F1787.xhtml