How do I settle a dispute with a bailiff (now called the Commissioner of Justice)?
Verified 01 July 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
If you have a dispute with a commissioner of justice (formerly bailiff and judicial auctioneer), the challenge procedure varies depending on the subject of the dispute.
Challenge of an act
If the challenge relates to an act which is directly related to an ongoing trial, it must be brought before the court responsible for the case.
In other cases, the challenge must be brought by subpoena in front of enforcement judge.
Dispute of costs
Examples of charges include travel, advance for taxes and duties owed by the customer, case management.
You must write to the Chief Registrar of the court concerned.
After a possible correction, the Chief Clerk gives you a certificate of verification to notify to the Commissioner of Justice, who has one month to challenge it.
If there is no challenge within that period, you can ask the chief clerk to refer to that situation on the certificate of verification.
Affixing this notice makes the certificate of verification enforceable, as a court decision.
If the Commissioner of Justice challenges the certificate of verification within one month, the dispute shall be decided by the President of the court concerned or a judge delegated to that effect.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Up to €10,000
You must write to the Chief Registrar of the court or community court within the jurisdiction of which the Commissioner of Justice is acting.
Who shall I contact
After a possible correction, the Chief Clerk gives you a certificate of verification to notify to the Commissioner of Justice, who has one month to contest.
If there is no challenge within that period, you can ask the chief clerk to refer to that situation on the certificate of verification.
Affixing this notice makes the certificate of verification enforceable, as a court decision.
If the Commissioner of Justice challenges the certificate of verification within one month, the dispute is then decided by the President of the Tribunal or a judge delegated to that effect.
Over €10,000
You must write to the Chief Registrar of the Court of Justice in whose jurisdiction the Commissioner of Justice is acting.
Who shall I contact
After a possible correction, the Chief Clerk gives you a certificate of verification to notify to the Commissioner of Justice, who has one month to contest.
If there is no challenge within that period, you can ask the chief clerk to refer to that situation on the certificate of verification.
Affixing this notice makes the certificate of verification enforceable, as a court decision.
If the Commissioner of Justice challenges the certificate of verification within one month, the dispute is then decided by the President of the Tribunal or a judge delegated to that effect.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Up to €10,000
You must refer the matter to the judge of the court of justice or of the local court within the jurisdiction of which the Commissioner of Justice performs his duties.
Who shall I contact
Over €10,000
You have to go to the judge of the judicial tribunal within the jurisdiction of which the commissioner of justice is acting.
Who shall I contact
Other litigation
If you want to complain about the behavior of a justice commissioner (lack of response to correspondence, repeated refusal of appointments,...), you can refer in writing to the regional or departmental chamber of justice commissioners.
Who shall I contact
You can also refer the case to the public prosecutor in writing.
Who shall I contact
Jurisdiction
Verification and recovery of costs
Applications or disputes relating to costs, emoluments and disbursements not included in the costs
Articles 15, 61 and 94(1)
National Chamber of Judicial Officers (now called Commissioners of Justice)