What tariff applies if a bailiff (now called the Commissioner of Justice) is involved in a rental dispute?

Verified 04 May 2022 - Directorate for Legal and Administrative Information (Prime Minister)

When a commissioner of justice (formerly bailiff and judicial auctioneer) intervenes in a rental dispute, most of his tariffs (called emoluments) are regulated by law.

The notice (or leave) or the renewal of a lease issued by a Commissioner of Justice shall be subject to a free fee.

The basic rate of the Commissioner of Justice (formerly bailiff and judicial auctioneer) shall be increased, if necessary, by travel expenses (VAT included) from €9.20 or €8.80 for meanings carried out exclusively by mail.

Please note

you can have the commissioner of justice's expenses checked free of charge with the secretariat of the competent court, that is, the court on which the Commissioner of Justice's study depends or the court which has heard the case.

The cost of setting up a state of play by Commissioner of Justice (or rental statement) vary according to the surface area of the housing.

Tableau - Cost of an inventory carried out by the Commissioner of Justice

Housing surface

Price List (VAT included)

Up to 50 m²

€131.50

More than 50 m² and up to 150 m²

€153.20

More than 150 m²

€229.81

€17.88 shall be charged for the letter of invitation of the parties.

The basic rate of the Commissioner of Justice (formerly bailiff and judicial auctioneer) shall be increased, if necessary, by travel expenses (VAT included) from €9.20 or €8.80 for meanings carried out exclusively by mail.

Please note

you can have the commissioner of justice's expenses checked free of charge with the secretariat of the competent court, that is, the court on which the Commissioner of Justice's study depends or the court which has heard the case.

The rates of the Commissioner of Justice depend on the amount of the claim to be recovered.

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Claim up to € 128

Tableau - Fees of the Commissioner of Justice in case of a claim of less than or equal to € 128

Formality

Price List (VAT included)

Compulsory appeal

Clarification

Information of the guarantor and request for payment of rent (summons to pay)

€15.32

Yes

Summons to pay (formal notice)

€30.64

No (a registered letter with acknowledgement of receipt is sufficient)

One right to institute proceedings is due according to the amount to be recovered.

Command to pay

€15.32

Yes

One right to institute proceedings is due according to the amount to be recovered.

Report to the Departmental Commission for the Coordination of Actions for the Prevention of Rental Evictions (CCAPEX) of the order to pay issued

€5.95

Yes

Only certain orders to pay are concerned (depending on the amount or duration of the debt).

Order to pay

€25.54

No (you can to refer the matter to the judge yourself)

The basic rate of the Commissioner of Justice (formerly bailiff and judicial auctioneer) shall be increased, if necessary, by travel expenses (VAT included) from €9.20 or €8.80 for meanings carried out exclusively by mail.

Please note

you can have the commissioner of justice's expenses checked free of charge with the secretariat of the competent court, that is, the court on which the Commissioner of Justice's study depends or the court which has heard the case.

Debt exceeding €128 and up to €1,280

Tableau - Fees of the Commissioner of Justice in the event of a claim exceeding € 128 or equal to € 1 280

Formality

Price List (VAT included)

Compulsory appeal

Clarification

Information of the guarantor and request for payment of rent (summons to pay)

€30.64

Yes

Summons to pay (formal notice)

€30.64

No (a registered letter with acknowledgement of receipt is sufficient)

One right to institute proceedings is due according to the amount to be recovered.

Command to pay

€30.64

Yes

One right to institute proceedings is due according to the amount to be recovered.

Report to the Departmental Commission for the Coordination of Actions for the Prevention of Rental Evictions (CCAPEX) of the order to pay issued

€11.90

Yes

Only certain orders to pay are concerned (depending on the amount or duration of the debt).

Order to pay

€25.54

No (you can to refer the matter to the judge yourself)

The basic rate of the Commissioner of Justice (formerly bailiff and judicial auctioneer) shall be increased, if necessary, by travel expenses (VAT included) from €9.20 or €8.80 for meanings carried out exclusively by mail.

Please note

you can have the commissioner of justice's expenses checked free of charge with the secretariat of the competent court, that is, the court on which the Commissioner of Justice's study depends or the court which has heard the case.

Debt exceeding €1,280

Tableau - Fees of the Commissioner of Justice in the event of a claim exceeding € 1 280

Formality

Price List (VAT included)

Compulsory appeal

Clarification

Information of the guarantor and request for payment of rent (summons to pay)

€61.27

Yes

Summons to pay (formal notice)

€30.64

No (a registered letter with acknowledgement of receipt is sufficient)

One right to institute proceedings is due according to the amount to be recovered.

Command to pay

€61.27

Yes

One right to institute proceedings is due according to the amount to be recovered.

Report to the Departmental Commission for the Coordination of Actions for the Prevention of Rental Evictions (CCAPEX) of the order to pay issued

€23.81

Yes

Only certain orders to pay are concerned (depending on the amount or duration of the debt).

Order to pay

€25.54

No (you can to refer the matter to the judge yourself)

The basic rate of the Commissioner of Justice (formerly bailiff and judicial auctioneer) shall be increased, if necessary, by travel expenses (VAT included) from €9.20 or €8.80 for meanings carried out exclusively by mail.

Please note

you can have the commissioner of justice's expenses checked free of charge with the secretariat of the competent court, that is, the court on which the Commissioner of Justice's study depends or the court which has heard the case.

If the Commissioner of Justice engages the injunction procedure (to obtain the execution of compulsory works, the issuance of receipts, invoices...), the rate is €25.54.

The basic rate of the Commissioner of Justice (formerly bailiff and judicial auctioneer) shall be increased, if necessary, by travel expenses (VAT included) from €9.20 or €8.80 for meanings carried out exclusively by mail.

Please note

you can have the commissioner of justice's expenses checked free of charge with the secretariat of the competent court, that is, the court on which the Commissioner of Justice's study depends or the court which has heard the case.

In a deportation proceeding, recourse to the Commissioner of Justice is mandatory.

Its rates are regulated.

Tableau - Fees for actions of a Commissioner of Justice in the context of an expulsion proceeding

Formality

Price List (VAT included)

Meaning to the representative of the State of assignment to establish the termination of the lease

€35.75

Command to leave

€31.92

Information to the prefect of the command to leave the premises

€35.75

Minutes (Minutes)

Expulsion CW

€182.57

After 15 minutes, half an hour is charged €74.40. Each additional half hour is due in full.

Inventory CW

€67.66

After 30 minutes, half an hour is charged €74.40. Each additional half hour is due in full.

CW of consignment

€44.69

CW of destruction

€29.36

Resume CW

€182.57

After 15 minutes, half an hour is charged €74.40. Each additional half hour is due in full.

Notification

From eviction ticket (to tenant)

€33.19

From eviction ticket (to collector)

€25.54

From consignment (to the deported person)

€12.77

Sealed wrapping of personal documents and papers (to the person being deported)

€12.77

Where the Commissioner of Justice calls a witness, that witness shall be compensated:

  • To be present at the opening of doors and lockable furniture, the witness shall receive €7.92 (or €23.76 if it is a policeman).
  • In order to assist in the execution of an expulsion order, the witness shall €13.20 (or €39.60 if it is a policeman).

Locksmiths, moving and furniture storage are free.

The basic rate of the Commissioner of Justice (formerly bailiff and judicial auctioneer) shall be increased, if necessary, by travel expenses (VAT included) from €9.20 or €8.80 for meanings carried out exclusively by mail.

Please note

you can have the commissioner of justice's expenses checked free of charge with the secretariat of the competent court, that is, the court on which the Commissioner of Justice's study depends or the court which has heard the case.

To retrieve a housing abandoned by the tenantHowever, certain formalities must be carried out by a Commissioner of Justice.

Tableau - Fees for formalities carried out by a Commissioner of Justice if the tenant abandons the rented accommodation

Formality

Price List (VAT included)

Tenant's formal notice to justify occupancy of the home

By separate document

€63.84

Contained in a Command

€25.54

Finding of abandonment of the premises with inventory of furniture left on site

€67.67

The basic rate of the Commissioner of Justice (formerly bailiff and judicial auctioneer) shall be increased, if necessary, by travel expenses (VAT included) from €9.20 or €8.80 for meanings carried out exclusively by mail.

Please note

you can have the commissioner of justice's expenses checked free of charge with the secretariat of the competent court, that is, the court on which the Commissioner of Justice's study depends or the court which has heard the case.

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