Release of irregular and misleading opposition formed on a check
Purpose of the decision
Representation of a company in a dispute with its supplier. The latter had filed an irregular and spurious stop payment on the check given to said company.
By order dated September 18, 2018, the Commercial Court of Aubenas has:
Judged that the stop payment made by the supplier was irregular and dilatory ;
Ordered the release of the opposition made by the supplier on the check;
Said that the amount will bear interest at the legal rate from the date of issue of the check until full payment;
Said that the company will be able to present the said cheque for collection again;
Condemned the supplier, in case of impossibility to ensure the payment of the said cheque, to pay the sum as a provisional payment plus interest at the legal rate from the date of issue of the cheque until full payment;
Ordered the capitalization of the interest;
Ordered the supplier to pay the full amount of the claim in accordance with article 700 of the Code of Civil Procedure;
Ordered the supplier to pay all costs of the proceedings, including court fees.
This decision is final.