Summons for receivership by a creditor

An unpaid creditor can request the opening of receivership (or liquidation) against a debtor in cessation of payments, by summons before the competent court.

Who can summon and under what conditions?

A creditor can summon if the claim is certain, liquidated and due and the debtor is in cessation of payments. The request seeks the opening of receivership or, if recovery is impossible, liquidation.

Is a lawyer required (mandatory representation)?

Before the commercial court, representation by a lawyer is in principle mandatory since the civil-procedure reform, with exceptions for some matters and below certain thresholds. A summons to open insolvency proceedings, being technical, is almost always prepared with a lawyer.

Check the threshold and matter applicable to your case: exemption rules change and depend on the amount and nature of the request.

Step by step

Gather proof of the claim (certain, liquidated, due) and evidence of cessation of payments.
Draft and serve the summons (via a judicial officer) before the competent court — commercial for traders, judicial court otherwise.
Hearing: the court assesses cessation of payments and viability, then opens receivership, liquidation, or dismisses.
If opened, file your claim within two months of BODACC publication.

Frequently asked questions

Can you summon directly for liquidation?

Yes, if recovery is manifestly impossible. The court chooses the appropriate procedure given the situation.

Does summoning ensure payment?

No. Opening does not pay the claim: you must then file it, and payment depends on assets and the ranking of priorities.

Solvenda watches for you, every morning.

Solvenda monitors the BODACC by SIREN across your whole client portfolio and counts down the two-month claim deadline.

Get started