Lexicon

Civil & Commercial Litigation

Payment Order

The payment order is a procedure allowing a creditor to request the recovery of a debt from the judge based on an application and supporting documents. In Luxembourg, the procedure and the competent jurisdiction depend notably on the amount claimed.

The conditional order procedure before the justice of the peace targets claims not exceeding 15,000 euros against a debtor domiciled or residing in Luxembourg. It should not be confused with mechanisms applicable to other amounts or cross-border situations.

For the procedure before the justice of the peace, the creditor must present a sufficiently precise and documented request. Invoices, contracts, statements, and proof of exchanges contribute to establishing the claim. The issuance of an order does not mean that the debtor is deprived of any possibility of contestation: notification and procedural follow-ups must be observed.

Before seizing the judge, verify the amount, identity, and address of the debtor, payments already received, and the basis of the claim. A seriously disputed claim requires particular attention. It is also necessary to distinguish obtaining a decision, its enforceable nature, and the effective recovery of sums; these steps do not overlap.

Official Source

• Justice Luxembourg — Ordonnance conditionnelle de paiement