Where, upon examination of the documents submitted, the petition appears to be wholly or partially well-founded, the President of the competent court shall issue a mandatory injunction to pay the amount determined by him.
Where the President of the competent court dismisses the petition in whole or in part his decision shall not be subject to appeal by the creditor. The creditor’s only remedy shall be an ordinary civil claim.
The original documents annexed to the petition shall be returned to the petitioner and their certified true copies shall be preserved in the registry.
Where the petition is dismissed, it shall be returned to the petitioner alongside any documents submitted in support thereof.
A certified true copy of the petition and of the mandatory injunction to pay, issued in conformity with the provisions of the preceding article shall be notified at the instance of the creditor on each debtor by an extrajudicial act.
The mandatory injunction to pay shall become null and void where it is not notified on the party concerned within three (3) months of the date of issue.
Under pain of nullity, the notification of the mandatory injunction to pay shall enjoin the debtor:
- either to pay to the creditor the amount indicated in the order, together with interest and registry fees, the amount of which shall be specified; or
- where the debtor intends to put forward a defence, he shall file an opposition which shall have the effect of referring the initial petition filed by the creditor as well as the entire dispute to the court.
Under the same pain of nullity the notification of the mandatory injunction to pay shall:
- Indicate the time limit within which the opposition shall be filed, the court before which the opposition shall be brought as well as the form of the said opposition;
- Inform the debtor that he may take cognizance of the documents submitted by the creditor at the registry of the competent court whose President issued the mandatory injunction to pay, and that, failing to file an opposition within the prescribed time limit, he shall no longer have the right to any recourse and may be compelled through any legal means to pay the sums claimed.