Question juridique clé
Whether the defendants had to pay an advance on costs for their reply containing requests for definitive debt collection release relief.
Solution extraite
A party that does not limit itself to seeking dismissal, but asserts counterclaim-like requests, may be required to advance costs under Article 98 CPC.
Motifs extraits
Advance payment is the rule for the party asserting its own claims. The defendants’ requests for definitive release from objections were treated as reconventional claims, so an advance based on their own value in dispute was permissible.