Le lien vers cette page a été envoyé avec succès aux destinataires.
Who has to pay the bailiff (now called the Commissioner of Justice) who is responsible for claiming an unpaid amount?
Verified 04 May 2022 - Directorate for Legal and Administrative Information (Prime Minister)
A right for a person to demand something from another person, usually the payment of a sum of money. A term often used to refer to the amount owed.
A person obligated to another person to perform an obligation (which may be payment of a sum of money)
Person to whom money or the provision of a benefit is owed
Writing allowing the creditor to obtain the forced recovery of his claim (seizure of property)
Fees (or remuneration) received by the Commissioner of Justice (formerly bailiff and judicial auctioneer) in return for the recovery of a claim
It depends on the situation. In the case of a claim established by the judge (example: maintenance), it is at the debtor to pay the collection rights due to the Commissioner of Justice. In the case of a amicable recovery (without prior recourse to the judge), it is the creditor to pay. Recovery is the receipt of payment of a debt. In all cases, the amount invoiced by the Commissioner of Justice depends on the nature of the unpaid amount and the amount he has recovered from the debtor.
What applies to you ?
Veuillez patienter pendant le chargement de la page
A judge established the claim
A creditor may instruct a Commissioner of Justice to recover in his place the sums owed to him by a debtor.
For this purpose, the creditor gives a mandate or a power to the commissioner of justice.
The Commissioner of Justice charges a recovery fee in return for his intervention.
The amount payable to the Commissioner of Justice depends on the nature of the claim and the amount that the Commissioner of Justice has recovered from the debtor.
In case of overlapping of a maintenance claim unpaid (e.g. unpaid support), the right of recovery due to the Commissioner of Justice must be paid by the debtor.
The amount charged by the Commissioner of Justice depends on the amount recovered from the debtor.
FYI
if the debtor pays in successive installments, the amount due to the Commissioner of Justice is calculated on the totality of the sums obtained and not on each installment.
Répondez aux questions successives et les réponses s’afficheront automatiquement
If the amount recovered is less than or equal to € 44
If the amount recovered by the Commissioner of Justice is less than or equal to €44.00, the right of recovery shall be €5.10 (including VAT).
If the amount recovered is more than € 44
When the amount recovered is greater than €44.00, on right of recovery shall be calculated, per tranche, as follows:
You must add a VAT rate of 20% to ascertain the amount actually owed by the debtor to the Commissioner of Justice.
The right of recovery billed by the Commissioner of Justice may not exceed €550.
Example :
For €4,000 retrieved, on right of recovery is:
- 1re band: 125 x 19.34% = 24.18
- 2e band: (610 - 125) x 12.58% = 61.01
- 3e band: (1,525 - 610) x 6.76% = 61.85
- 4e band: (4,000 - 1,525) x 0.58% = 14.36
This gives a total of: 24.18 + 61.01 + 61.85 + 14.36 = €161.40 (excluding VAT).
You must add a VAT rate of 20% to ascertain the amount actually owed by the debtor to the Commissioner of Justice.
In the event of recovery of a claim established by the court (claim for which the creditor has a enforceable title), on right of recovery due to the Commissioner of Justice must be paid by the debtor.
The amount charged by the Commissioner of Justice depends on the amount recovered from the debtor.
The amount recovered may be one of the following:
- Amount initially due by the debtor to the creditor at the agreed maturity (principal claim)
- Sentence amount (except costs, i.e. costs related to the trial)
FYI
if the debtor pays his debt in successive installments, the amount due to the Commissioner of Justice is calculated on the totality of the sums obtained and not on each installment.
Répondez aux questions successives et les réponses s’afficheront automatiquement
If the amount recovered is less than or equal to € 44
If the amount recovered by the Commissioner of Justice is less than or equal to €44.00, then the right of recovery shall be €5.10 (including VAT).
If the amount recovered is more than € 44
Where the amount recovered by the Commissioner of Justice exceeds €44.00, on right of recovery shall be calculated, per tranche, as follows:
You must add a VAT rate of 20% to ascertain the amount actually owed by the debtor to the Commissioner of Justice.
The right of recovery billed by the Commissioner of Justice may not exceed €550.
Example :
For €4,000 retrieved, on right of recovery is calculated this way:
- 1re band: 125 x 9.67% = 12.09
- 2e slice: (610 - 125) x 6,29 % = 30,51
- 3e band: (1,525 - 610) x 3.38% = 30.93
- 4e bracket: (4,000 - 1,525) x 0.29% = 7.18
This gives a total of: 12.09 + 30.51 + 30.93 + 7.18 = €80.71 (excluding VAT).
You must add a VAT rate of 20% to ascertain the amount actually owed by the debtor to the Commissioner of Justice.
No judge has been seized (amicable recovery)
A creditor may appoint a Commissioner of Justice to recover in its place the sums owed to it by a debtor.
For this purpose, the creditor gives a mandate or a power to the commissioner of justice.
The Commissioner of Justice charges a fee right of recovery in return for its intervention.
In the case of a amicable recovery of a claim, i.e. without a prior decision of the court (e.g. in the case of a simplified procedure for the recovery of small claims):
- The right of recovery billed by the Commissioner of Justice must be paid by the creditor
- The amount owed to the Commissioner of Justice depends on the amount he has recovered from the debtor
FYI
if the debtor pays his debt in successive installments, the amount due to the Commissioner of Justice is calculated on the totality of the sums obtained and not on each installment.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Up to 188 € recovered
If the amount recovered by the Commissioner of Justice is less than or equal to €188.00, the right of recovery shall be €25.54 (INCLUDING VAT)
More than 188 € recovered
Where the amount recovered by the Commissioner of Justice exceeds €188.00, on right of recovery shall be calculated, per tranche, as follows:
You must add a VAT rate of 20% to ascertain the amount actually owed by the debtor to the Commissioner of Justice.
The Commissioner of Justice cannot charge a fee for right of recovery greater than €5,540.
Example :
For €4,000 retrieved, on right of recovery is:
- 1re band: 125 x 11.61% = 14.51
- 2e slice: (610 - 125) x 10.64% = 51.60
- 3e slice: (1,525 - 610) x 10.16% = 92.96
- 4e bracket: (4,000 - 1,525) x 3.87% = 95.78
This gives a total of: 14.51 + 51.60 + 92.96 + 95.78 = €254.85 (excluding VAT).
You must add a VAT rate of 20% to find out the amount actually due to the Commissioner of Justice.
Service-Public.fr
Service-Public.fr
Service-Public.fr
National Institute of Consumer Affairs (INC)