The Injunction to Pay Order (IPO) Procedure in Burkina Faso

Extract

[...] In civil procedure, opposition is an ordinary means of appeal against an IP order. A. §1: Conditions for opposition Opposition is formed by extrajudicial act (summons) and must be brought before the competent jurisdiction whose president rendered the IP decision within 10 days from the service of the OIP to the debtor. In case of opposition, before which jurisdiction must the case be brought? The opposition is brought before the collegiate formation of the jurisdiction whose president rendered the order. [...]

[...] The procedure of injunction to pay is a non-contentious procedure. B - The meaning of the injunction to pay order The meaning is a notification that is made by a bailiff of justice. The notification is a means used to address a document to a third party. Although the injunction to pay order (IPO) is rendered as of the date of the injunction to pay, the creditor has a 3-month period to serve the IPO on the debtor at the risk of becoming void. [...]

[...] B - The content of the request (Article 4 al.2 AUPSRVE) The elements required by this article must be included in the request, otherwise it will be inadmissible. These elements are: - The identity of the parties: natural persons (name, first name, profession, domicile) and legal persons (forms of association, social designation, registered office: domicile). - The precise indication of the amount of the sum claimed (contract, commercial document or cheque). - The request must be justified by serious or original documents or conform copies. (contract, cheque, invoices of debt recognition). II. Section The decision of the competent jurisdiction A. [...]

[...] When the last deadline falls on a public holiday, it is postponed to the 1er working day. In accordance with the provisions of the uniform act, all deadlines contained in this act are clear deadlines. C - Effects of the IP decision Upon expiration of the 10-day deadline, if no opposition has been made, the creditor goes to the registry of the jurisdiction that issued the order to have the enforceable formula affixed to the order. It becomes an enforceable title susceptible to forced execution. [...]

[...] - If the conciliation fails, we proceed to the examination of the well or ill-foundedness of the opposition. - Incidental demands are admitted in opposition matters. C. §3: The decision of the jurisdiction seized on opposition - The decision of the jurisdiction seized on opposition replaces the OIP. - The decision rendered on opposition may be appealed within a period of 30 days from the date of the decision. - The appeal on the IP decision may be a dilatory means in favor of the debtor. [...]