Interpellative summons
What is an interpellative summons?
An interpellative summons is a bailiff's act aimed at officially questioning a person in order to obtain a precise response or a clear position on a given fact or situation.
What is the purpose of an interpellative summons?
It allows for official proof to be provided in the event of a future dispute, by requiring the recipient to take a clear position on a given situation.
Who can issue an interpellative summons?
Any person, natural or legal, needing to obtain clarification or an official position from another person on a specific subject.
How does an interpellative summons for questioning take place?
The bailiff delivers the document to the recipient, asking them specific questions or challenges. The responses or reactions are officially recorded in a report drawn up by the bailiff.
Is the recipient obliged to respond to an interpellative summons?
No, he is not legally obligated to respond. However, his silence or refusal to answer may be used against him in any future trial.
What is the legal value of a summons?
The interpellative summons constitutes official evidence that can be produced in court to demonstrate the position or silence of the recipient on a specific subject.
When should you use an interpellative summons?
It is particularly useful in commercial, civil or contractual disputes to clarify a situation, note a disagreement or potential bad faith.
What is the cost of an interpellative summons?
The cost depends on the bailiff's fees, generally between €150 and €400, depending on the complexity of the document and the region concerned.
How long does it take to issue an interpellative summons?
Generally, an interpellative summons can be issued very quickly, often within a few days, depending on the bailiff's availability.
Can an interpellative summons be challenged?
No, in principle, an interpellative summons cannot be directly contested, because it only records a position or a refusal. However, the relevance or interpretation of the content of the act can be contested subsequently.
Can an interpellative summons be issued by a lawyer?
No, only a summons issued by a bailiff has official evidentiary value recognized by the courts. However, it is preferable for the client to be assisted by their lawyer in drafting the summons.
