When a summons to pay is served, the debtor has ten days from the date of notification to lodge an objection. This is a one-off period that cannot be extended. It is therefore imperative to lodge an opposition if you consider that the amount claimed is not due. In most cases, opposition is made orally at the time of notification. Otherwise, it must be made in writing to the relevant debt collection office within the ten-day time limit, by A+ or registered mail for evidentiary purposes.

In principle, debt collection proceedings against an individual are included in the excerpts issued by the relevant debt collection office. However, it is possible to hide a debt that has been opposed three months after notification of the summons to pay, if the original creditor does not initiate dismissal proceedings. A request for non-disclosure must be made to the relevant debt collection office.

In certain cases, it is possible to have a debt collection procedure cancelled or suspended through legal proceedings. To do this, you need to apply to the competent court, in the place where the proceedings were initiated, and file, depending on the circumstances, a motion for annulment or suspension of proceedings, or a motion for a declaration that the debt does not exist or no longer exists, or that a deferment has been granted. The content of the petition and the procedure applied depend on the circumstances of each case.

Where an objection has been lodged against a summons to pay, the creditor may apply to the competent judicial authority for its dismissal. The creditor must present the documents justifying this in the proceedings. If such documents exist, the creditor may be successful, and the proceedings may continue. It is therefore imperative to find out quickly what documents the creditor has produced, and to act accordingly.

When an objection is dismissed, the creditor is entitled to ask the office in charge to continue the debt collection proceedings. The office will then either seize the debtor's assets, if the debtor is subject to seizure, or send a bankruptcy petition, if the debtor is subject to bankruptcy.

The seizure is carried out by a seizure agent from the debt collection office in charge of the procedure. The debtor is notified of the procedure no later than the day before the seizure. The debtor is obliged to attend the seizure or to be represented and to inform the debt collection office of all assets belonging to him. Any persons holding the debtor's assets are also required to inform the debt collection office. The debtor must also allow access to his premises or furniture if requested by the debt collection office.

Only certain assets of the debtor can be seized. This is because it is considered that the basic minimum necessary for a debtor and his family, the minimum subsistence level, should not be seized. This minimum is calculated according to the debtor's personal situation (marital status, number of children, rent, etc.). There are, moreover, some items which, by their very nature, cannot be seized. These include, for example, personal items belonging to the debtor and his family (clothing, essential furniture, personal effects, etc.), tools and equipment used in the exercise of a profession, and domestic animals.

The notice is the last step before bankruptcy is declared. If the amount in debt has not been paid within 20 days of notification, the creditor can file for bankruptcy with the judicial authorities. It is therefore crucial to settle the debt within this timeframe or, if this is not possible, to initiate deferment proceedings.