Bring the matter before the protection litigation judge (loans, residential lease)
Verified 11 September 2026 - Public Service / (Prime Minister), Ministry of Justice
You have a dispute about a residential lease, one consumer credit or real estate ? You can enter the protection litigation judge, because it has exclusive competence in this area. We present you the information to know.
Warning
The procedure for referring a case to the protection litigation judge is specific to the over-indebtedness, of expulsion or protection of adults.
The protection litigation judge (JCP: titleContent) shall have sole jurisdiction in respect of applications relating to consumer credit, the home loan and the residential lease. We are talking about exclusive jurisdiction.
You can enter it for example in the following cases:
- Request a grace period if you have difficulty paying monthly installments of a consumer credit or a home loan. The JCP may carry forward or spread out within 2 years, the payment of sums due, particularly in the event of dismissal, a significant drop in income.... to avoid paying penalties.
- Request, as a tenant, the return of the security deposit of your residential lease after the exit inventory
- Ask, as a tenant, a deadline to pay your rent. The JCP can grant you a maximum period of 3 years if you are able to clear your debt
- Request, as owner, the judge to order the tenant to pay unpaid rent or charges 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.
Warning
Before you refer the matter to the judge, you must obligatory attempt a conciliation, a mediation or a participatory procedure when the amount of your requests is less than or equal à €5,000.
The proceedings are oral, you can defend yourself alone if you wish.
The lawyer is not mandatory. If you hire a lawyer and have limited resources, you can apply for legal aid. In this case, the State will cover all or part of your legal costs.
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 requests (main claim, damages...).)
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 attach copies of your supporting documents (invoice, contract, quotation...).)
Warning
You must attach 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 matter 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 request a sum corresponding to the costs you had to incur for the procedure (travel expenses, stamps...).)
Once the application is forwarded (preferably by registered letter) or filed in court, you are informed by the graft locations, day and time of hearing. Your opponent is summoned by registered letter with acknowledgement of receipt.
You can ask for the procedure to take place without hearing. All parties must agree, otherwise you must travel to the hearing.
Consent can be given using the following form:
Assignment
You can go to court by having your opponent issue a assignment by a commissioner of justice.
Who shall I contact
Your summons must contain mandatory information:
- Designation of the competent court
- Place, day and time of the hearing (information you must obtain from the court)
- Subject matter 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 should appear before the court, i.e. whether he should take a lawyer, within what time frame
- 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 request a sum corresponding to the costs you had to incur for the procedure (travel expenses, stamps...).)
The assistance of a lawyer may be necessary to draft this summons.
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 court summons 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 do not meet the deadline, your summons is null and void, meaning you have to redo it.
Joint request
In agreement with your opponent, you may apply 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 credit ...))
- 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 all parties.
The consent can be given using the following form:
Warning
You must attach a tax stamp of 50 €, unless you are a beneficiary of legal aid.
FYI
You can use a interlocutory proceedings. It's a emergency procedure which allows the judge to take interim and rapid measures to settle 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 justice.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Litigation concerning a residential lease (rental agreement)
You must refer the matter to the Dispute Judge for the protection of the local court or the court of justice from location of the rented property.
Who shall I contact
Dispute concerning a consumer credit or a mortgage
You must refer the matter to the Dispute Judge for the protection of the local court or the court of justice from location of the opponent.
You can also take the debtor's home court to court at the time the contract is concluded.
Who shall I contact
You have to pay a tax stamp from €50 to bring your claim to court, unless you are a beneficiary of legal aid.
Your eventual lawyer's fees and costs of commissioner of justice (to have the summons 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.
Who can help me?
Find who can answer your questions in your region
For further information
For more information on this subject, you can contact Allô Service Public.
Please note: the service does not have access to users' personal files and therefore cannot provide information on their progress.
- 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
- Service free
The informants who answer you belong to the Department of Justice.
To find out
House of Justice and Law
Territorial jurisdiction of the protection litigation judge
Substantive jurisdiction of the protection litigation judge
Substantive jurisdiction of the protection litigation judge
Grace period for consumer credit or mortgage credit
Grace period
Territorial jurisdiction: general rules
Introduction of the litigation procedure
Introduction of the proceeding by summons or petition
Introduction of the instance by assignment
Introduction of the proceeding by motion
Representation by lawyer not mandatory
Oral proceedings (Rule 817)
FAQ
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National Institute of Consumer Affairs (INC)