Obtain information on dismissal proceedings

When a debtor lodges an opposition to a summons to pay, it is necessary to have this opposition dismissed, so that proceedings can continue. This procedure takes place in court. There are several possibilities, depending on the documents on which the claim is based. The most frequent are the acknowledgment of debt action, the provisional dismissal and the definitive dismissal.

The acknowledgment of debt action is used when the creditor does not possess specific enough documents to directly justify his claim (known as "titres à la mainlevée"). He must then submit his case to a court, which will analyze and judge the entire file.

The request for provisional dismissal is used when the creditor has an acknowledgement of debt against his debtor (known as a "titre à la mainlevée provisoire"). The creditor can then apply to the court for provisional dismissal of the opposition. This procedure has the advantage of being quicker than an acknowledgment of debt action. If the creditor is successful, he can apply to the debt collection office for a provisional seizure of his debtor's assets.

Finally, the creditor can file an application for definitive dismissal when he has an official document proving his claim, such as a final judgment, a decision by an administrative authority or an enforceable authentic title (known as "titres de mainlevée définitive"). This procedure is also quicker than an acknowledgment of debt action. It enables the creditor to obtain a definitive seizure of the debtor's assets and have them sold to repay the debt.