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If the decision made by the over-indebtedness commission does not satisfy you, it is possible to contest it.
What can be disputed?
Each stage of the over-indebtedness procedure may be the subject of a dispute: it may be the inadmissibility of the request, in the event that the file is rejected when it is filed; you can also oppose the recovery plan or the measures imposed by the commission. The procedures and deadlines for appeal are indicated in the notification of the commission’s decision.
Who can dispute?
Each party concerned can challenge the decisions made by the over-indebtedness commission: the over-indebted as well as their creditors. The over-indebted can in particular contest a recovery plan that he considers too high in relation to his repayment capacities. Creditors can also contest the fact that their claims have not been accepted in full, or if they are not satisfied by the measures imposed: they can, for example, refuse to waive part of their interests.
What is the procedure ?
The dispute can be made by registered letter within 15 days after notification of the commission’s decision. The commission will then send the case to the enforcement judge. The judge then summons both parties within 1 to 2 months. During this hearing, all the elements and supporting documents for the dispute must be provided.
How to argue?
In front of the judge of execution, it is necessary to constitute a solid file comprising all the supporting documents (pay slips to justify its income in the case of a plan of reimbursement considered to be too high…). You can also bring additional documents, in particular in the event that your financial situation has deteriorated since the decision taken by the commission. The judge can decide to review the decision taken by the commission, or to confirm it. In general, the decision is rendered in the month following the hearing and is notified by registered letter. It is sometimes possible to appeal.
Société d’Avocats DAMY , Nice, Dispute overindebtedness commission opinion, Update 2022
