Refer the matter to the protection litigation judge (loans, residential lease)

Verified 01 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

You have a dispute about the residential lease or loans (consumption, real estate) ? It's the protection litigation judge which is competent, regardless of the amount, less than or greater than €10,000. The lawyer is not mandatory. Depending on your situation, we present you with the information you need to know.

Warning  

The procedure is particular in the area of over-indebtedness, of expulsion or protection of adults.

The protection litigation judge has exclusive jurisdiction to hear disputes concerning:

  • The consumer credit or the home loan. For example, as a borrower, you can apply to this judge for a grace period if you have difficulty paying the monthly installments of the credit (consumer credit, home loan). The judge may postpone or stagger, within a limit of 2 years, the payment of sums due, in particular in the event of dismissal.
  • The residential lease (lease agreement). For example, as a tenant, you can apply to the judge for restitution of the security deposit after the exit inventory. As a landlord you can ask the judge to order the tenant to pay unpaid rents and to declare the termination of the tenancy resulting in eviction.

You can refer the matter to the protection litigation judge by query, by assignment or by joint request.

You can use the request only if the amount of your requests does not exceed €5,000. To determine the amount of your dispute, you must take into account the total amount of your claims.

Warning  

You must mandatory attempt a conciliation, a mediation or a participatory procedure when the amount of your requests is less than or equal à €5,000.

If you agree with your opponent to have your dispute decided by the judge, you can make a joint request, even if the amount of applications exceeds €5,000.

Query

You can prepare the application yourself or ask a lawyer to do so.

Who shall I contact

You can make your request on free paper or use the following form:

Request for referral to the protection litigation judge

You must include copies of your supporting documents (invoice, contract, quote...).

Warning  

You must attach to your request a tax stamp of 50 €, unless you are a beneficiary of legal aid.

The request must include the following:

  • Full identity of the parties
  • Court seised
  • Subject of the claim (damages, delivery of goods, cancelation of a contract...)
  • Reasons for the dispute
  • Company steps towards an amicable resolution of the dispute or justification for waiving such an attempt
  • List of parts.

You need to encrypt your requests (€100 damages, for example).

The request must be dated and signed.

FYI  

It is possible to ask for a sum corresponding to the costs you had to incur for the procedure (travel expenses, stamps...).

Once the application is transmitted (preferably by registered letter) or filed in court, you are informed by the graft location, day and time of hearing. Your opponent is summoned by registered letter with acknowledgement of receipt.

You can request that the proceedings proceed without a hearing, using the following form:

Consent to conduct proceedings without a hearing - Oral proceedings before the judicial tribunal or the protection litigation judge

Assignment

You can go to court by having your opponent deliver a assignment by a commissioner of justice.

Your summons must include mandatory information:

  • Designation of the competent court
  • Place, day and time of the hearing (information you must obtain from the court)
  • Subject of the claim (damages, delivery of goods, cancelation of a contract...)
  • Full identity of the parties
  • Reasons for the dispute
  • Parts List
  • Company steps towards an amicable resolution of the dispute or justification for waiving such an attempt
  • How your opponent appears before the court, i.e. whether he must take a lawyer, within what period
  • Consequences in case of non-appearance of your opponent.

You need to encrypt your requests (€100 damages, for example).

The summons constitutes your conclusions, that is to say, your requests and your arguments.

FYI  

It is possible to ask for a sum corresponding to the costs you had to incur for the procedure (travel expenses, stamps...).

The summons must be written in fact and in law and the assistance of a lawyer may be necessary, in view of this difficulty

Who shall I contact

You can request in your subpoena that the proceedings proceed without a hearing. Your opponent must accept that this procedure is without a hearing. Otherwise, there will be at least one hearing in court.

Warning  

You must attach to your subpoena a tax stamp of 50 €, unless you are a beneficiary of legal aid.

The summons must be filed in court at least 15 days before the hearing date.

If you don't meet the deadline, your summons is null and void, meaning you have to redo it.

Joint motion

In agreement with your opponent, you may refer the matter to the protection litigation judge by submitting a joint application to the court.

This request, signed jointly by you and your opponent, must indicate the points of agreement and the points of disagreement.

The joint application must include the following:

  • Full identity of the parties
  • Court seised
  • Purpose of the request (return of a deposit, cancelation of the credit, etc.)
  • Reasons for the dispute
  • List of parts.

It must be dated and signed.

The proceedings may be conducted without a hearing. In this case, the joint application must include the agreement of the applicants.

Warning  

You must attach to your request a tax stamp of 50 €, unless you are a beneficiary of legal aid.

FYI  

You can use a interim proceedings. It's a emergency procedure that allows the judge to take interim and prompt action to resolve a dispute. For example, ask eviction of a tenant in case of unpaid rent.

There is at least one protection litigation judge in each local court and in each court of law.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Litigation concerning a residential lease (rental agreement)

You must refer the matter to the local court or court of law of location of the rented property.

Dispute concerning a consumer credit or a real estate loan

You must refer the matter to the local court or court of law of location of the opponent or place of residence of debtor of the contract.

You have to pay a fiscal stamp from €50 to bring your claim to justice, unless you are a beneficiary of legal aid.

Your eventual lawyer's fees and costs of commissioner of justice (to have the assignment issued for example) are at your expense.

If your resources are insufficient, you can receive legal aid to cover all or part of these costs.

Please note

If you lose your business, you may be ordered to repay the costs of the trial to your opponent.

Request for referral to the protection litigation judge

Who can help me?

Find who can answer your questions in your region

  • For further information

    • accès

      For more information on this subject, you can contact Allô Service Public.

      Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.

    • horaires
      • Lundi : de 08h30 à 17h30
      • Mardi : de 08h30 à 12h15
      • Mercredi : de 08h30 à 12h15
      • Jeudi : de 08h30 à 17h30
      • Vendredi : de 13h00 à 16h15

    • Request a call

      coût Service free
    • service

      The informants who answer you belong to the Department of Justice.

  • To find out

    House of Justice and Law

FAQ