Who has to pay the bailiff (now called the Commissioner of Justice) who is responsible for claiming an unpaid amount? - A judge established the claim

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

Your situation

  • The Commissioner of Justice seeks payment of a debt established by the judge
  • That's another unpaid claim
Edit

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.

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:

Tableau - Rate to be paid according to the amount recovered by the Commissioner of Justice

Slice

Rate

From 0 to €125

9.67%

Beyond €125 and up to €610

6.29%

Beyond €610 and up to €1,525

3.38%

Beyond €1,525

0.29%

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.

Who can help me?

Find who can answer your questions in your region

FAQ