Tribunal d'instance de Brumath, 8 octobre 2008, 08/000113
Court: | Tribunal d'instance de Brumath (France) |
Docket Number: | 08/000113 |
TRIBUNAL D'INSTANCE DE BRUMATH
JURIDICTION DE PROXIMITE
2, rue Jacques Kablé
B. P. 25
67171 BRUMATH CEDEX
Tél : 03. 88. 59. 32. 80
Fax : 03. 88. 51. 95. 24
91-08-000113
Maître X... Jean-Denis, ès-qualités de liquidateur judiciaire de Mme Y... Gaby
Repr. par Me VILAR Michel
C /
Monsieur Z... Bernard
TRIBUNAL D'INSTANCE DE BRUMATH
JURIDICTION DE PROXIMITE
REPUBLIQUE FRANCAISE
AU NOM DU PEUPLE FRANÇAIS
JUGEMENT
DU 08 OCTOBRE 2008
DEMANDEUR :
Maître X... Jean-Denis
ès-qualités de liquidateur judiciaire de Mme Y... Gaby...
représenté par Me VILAR Michel, avocat,...
DEFENDEUR :
Monsieur Z... Bernard
...
comparant
OBJET DE LA DEMANDE : Demande en paiement relative à un contrat non qualifié
CODE : 59D 0A
COMPOSITION DU TRIBUNAL :
Juge de Proximité : CHAMBARD Gérard
Greffière : LEHMANN Dominique
DEBATS : à l'audience publique le 10 septembre 2008
JUGEMENT :
- CONTRADICTOIRE
-EN DERNIER RESSORT
EXPOSE DU LITIGE
Par assignation en date du 28 juillet 2008 remise à personne, Maître X... ès qualités de liquidateur judiciaire de Madame Y... Gaby a fait citer devant la Juridiction de Proximité Monsieur Z... Bernard et présente les demandes suivantes :
- paiement de la somme de 1. 342, 77 euros avec intérêts au taux légal à compter du 18 septembre 2007 et application de l'article 1154 du Code Civil,
- article 700 du Code de Procédure Civile : 990, 00 euros,
- exécution provisoire.
A l'audience du 10 septembre 2008 Maître X... ès qualités de liquidateur judiciaire de Madame Y... Gaby expose qu'il a été désigné par jugement en date du 20 juin 2006 du Tribunal de Grande Instance de SAVERNE mandataire liquidateur de Madame D... Gaby épouse Y... exerçant une activité de pose de véranda,
Que Madame Y... a effectué des prestations pour le compte de Monsieur Bernard Z..., suivant facture no 03080197 du 23 juin 2004,
Qu'à ce jour la somme de 1. 342, 77 euros demeure impayée, malgré ses mises en demeure des 18 septembre et 22 octobre 2007,
Que Monsieur Z... se contente d'invoquer des malfaçons, sans les décrire et sans joindre aucune pièce en attestant,
Que c'est la raison pour laquelle il a adressé le 7 mai 2008 à Monsieur Z... un courrier recommandé lui rappelant qu'il n'avait procédé à aucune déclaration de créance et que par ailleurs aucun document ne venait corroborer ses dires, quant aux problèmes rencontrés sur ce chantier,
Que par conséquent Monsieur Z... devra être condamné à payer la somme de 1. 342, 77 euros, avec intérêts au taux...
Pour continuer la lecture
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