Bring the matter before the enforcement judge (JEX)

Verified 22 November 2023 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Justice

You're a debtor or a creditor and you wish to bring the matter before the enforcement judge (JEX)? The JEX is a specialized judge of the court of justice. It is responsible for enforcement challenges and challenges to seizures. It authorizes an urgent measure before a court decision. He's granting a time limit for a rental eviction. It is seized by subpoena or by request in some special cases. Depending on your situation, we will provide you with the information you need to know.

Caution : the procedure is specific to the procedure for the direct payment of maintenance and the seizure of immovable property.

Attachment challenge

There are several types of seizures that can be challenged at the JEX.

The JEX intervenes when there is a challenge to enforcement a judicial or administrative decision with:

It's a Commissioner of Justice who is responsible for ensuring the enforcement of a decision. This decision must have been made beforehand served or notified to the debtor.

It is the debtor who is challenging the seizure.

Depending on the type of seizure, the game to be seized by the debtor is different.

Bank account seizure (or “foreclosure”) : this is the JEX of the debtor's place of domicile.

Sales Attachment : This is the JEX of the place of seizure.

Seizure of vehicle : this is the JEX of the place of domicile of the debtor or of the place of immobilization of the vehicle.

Wage attachment (or “wage attachment”) : this is the JEX of the debtor's place of domicile. If the debtor is resident abroad or has no known domicile, this is the JEX of the domicile of the debtor's employer.

This directory makes it possible to find the competent court.

Who shall I contact

How to capture the JEX?

The GAME is entered by subpoena issued by a Commissioner of Justice.

FYI  

Entering the JEX does not prevent the continuation of the seizure except in the case of foreclosure (stay of proceedings). In practice, often, justice commissioners prefer to suspend the seizure operation, pending the decision of the JEX.

Do you need a lawyer in front of the JEX?

The lawyer is obligatory unless the claim is less than €10,000

If your income doesn't allow you to pay a lawyer, you can apply for legal aid.

Where the claim is less than €10,000However, it is possible to be represented by a person other than the lawyer.

If you wish to be represented at the hearing by another person, you may give them a power.

Power is one written document which allows the designated person to appear at the hearing and speak for you and on your behalf.

You can write a power of attorney by designating one of the following:

  • No one with whom you live as a couple
  • Your father or your mother
  • Your child
  • Your brother or sister
  • Your nephew or niece
  • Person attached to your personal service or company (e.g. company lawyer or domestic worker)

The designated representative must be major. He must attend the hearing with the power and one identity document.

You can use a template to write a power:

Model of power of representation in legal proceedings

FYI  

The State, regions, departments, communes and their public establishments may be represented by an official, an official of their administration or a lawyer.

How is the hearing before the JEX?

The hearing before the JEX is oral, meaning that the parties express their requests and arguments orally.

During the proceedings, a party may always present its arguments in writing to the JEX. She must be able to justify having sent them to her opponent, before the hearing, by registered letter with notice of receipt (LRAR).

At the hearing, if the parties so request, they may be excused from attending a future hearing. In this case, the communication between the parties is made by LRAR or by notification between lawyers and it is justified with the JEX.

What can the JEX decide?

Verify the admissibility of the action

The JEX shall verify the admissibility of the challenge of the debtor. It may declare the decision null and void or release an unlawful, unnecessary or abusive seizure. In all cases, the JEX issues a court decision.

Granting a time limit for payment of the claim

The JEX may grant a time limit for payment of the debt. It may decide to defer payment of the claim or to defer payment of the amount payable in the limit of 24 months.

Arranging a decision

The JEX may also lower the interest rate payable by the debtor, but not less than statutory interest rate.

How does the JEX make its decision?

The decisions rendered by the JEX are notified by the Registry of the Parties by registered letter with acknowledgement of receipt (LRAR).

It is possible to do signify a decision by a Commissioner of Justice if notification by the Registry has failed (i.e. if the LRAR returns to the court because the debtor has not gone to the post office).

How do I challenge the decision of the JEX?

The call is possible against the decisions of the JEX.

The lawyer is obligatory to appeal and for the procedure before the court of appeal.

The appeal must be filed within 15 days from notification the decision, i.e. on receipt of the registered letter with acknowledgement of receipt (RRA).

If the RPPA could not be delivered to the individual, the appeal period runs from the delivery of the significance.

The decisions of the JEX are interim orders, i.e. they can be executed even if a call is made.

Urgent action

A creditor may want to avoidinsolvency of its debtor by taking an urgent measure. That's what we call it a precautionary measure. It can take the form of a preservation, a seizure or a judicial security (court-ordered conservative mortgage).

The JEX intervenes in the event of:

Depending on the type of seizure, the game to be seized by the debtor is different.

Preservation : The JEX authorized the measure.

Seizure and apprehension : it was the JEX that issued the order.

Court security (mortgage) : The JEX authorized the measure.

Precautionary measure
How to capture the JEX?

It's a request submitted by the creditor, in duplicate, to the JEX of the place where the debtor remains. It must be accompanied by a list of documents for to substantiate the urgent request.

Do you need a lawyer in front of the JEX?

Where the claim is less than €10,000, the request may be made by the creditor OR his lawyer, authorized representative.

Where the claim is greater than €10,000, the application must be made by a lawyer.

If your income doesn't allow you to pay a lawyer, you can apply for legal aid.

Who shall I contact
What can the JEX decide?

The GAME may decide to to authorize or refuse seizure. The JEX makes its decision on the basis of the file.

The decision rendered is a ordinance. She's executory on minuteWell, that is, she doesn't need to be served to the other party for enforcement.

On the penalty of the nullity of its order, the JEX shall determine the amount of sums for which the protective measure is authorized and specify the assets to which it relates.

The motion order authorizing a precautionary measure has a validity period of 3 months from the day it is delivered.

The authorization of the JEX lapses (is no longer valid) if the protective measure has not been executed within 3 months of the order.

How do I challenge the decision of the JEX?

Depending on the case, it is the creditor or debtor who challenges the decision.

If it's the creditor, if the JEX is refused, he can call of the decision within 15 days from the date of delivery.

The appeal shall be made by a registered statement or letter addressed to the JEX Registry, by a lawyer OR by a public or ministerial officer empowered.

The JEX shall take one of the following measures:

  • Make a new decision that amends or rescinds the order
  • Refer the case to the Court of Appeal if it refuses to change its decision

In the 2 cases, the JEX must inform the creditor of its decision within the 1 month period.

If it's the debtor, he may challenge the order on application made by the JEX by a interlocutory retraction.

The debtor enters the JEX by subpoena. The lawyer is not obligatory.

The parties are called to a hearing contradictory where they can debate.

Judicial security

One judicial security may be applied for as a precautionary measure in respect of immovable property, goodwill, shares, shares and transferable securities. It allows you to register a mortgage on the assets belonging to the debtor.

How to capture the JEX?

It's a request submitted by the creditor, in duplicate, to the JEX of the place where the debtor remains. It must be accompanied by a list of documents for to substantiate the urgent request.

For the motion to be admissible, there must be proof:

  • that the debtor actually owes money
  • and there is a risk that the debtor will attempt not to pay the amount due.
Do you need a lawyer in front of the JEX?

Where the claim is less than €10,000, the request may be made by the creditor or his lawyer, authorized representative.

Where the claim is greater than €10,000, the application must be made by a lawyer.

If your income doesn't allow you to pay a lawyer, you can apply for legal aid.

Who shall I contact
How does the JEX make its decision?

The judge shall make his decision without debtor be summoned and without debate.

What can the JEX decide?

The GAME may decide to to grant or refuse authorization for judicial security. The JEX makes its decision on the basis of the file.

If the JEX considers the application to be well founded, it authorizes the registration of a provisional mortgage (also known as conservatory mortgage) on one or more assets of the debtor.

The decision rendered is a ordinance. She's executory on minuteWell, that is, she doesn't need to be served to the other party for enforcement.

The decision of the JEX, called ordinance, indicates the following 2 information:

  • Amount of the claim
  • Property(ies) concerned
What is possible when the decision of the JEX is pronounced?

A lawyer must first be responsible for registering the interim mortgage with the land advertising department (ex-mortgage retention) where the building is located.

The entry must be made within 3 months which follow the decision of the JEX and is valid for 3 years.

Next, a commissioner of justice (formerly bailiff and judicial auctioneer) should be responsible forto inform the debtor of the registration of that mortgage, within a period of Eight days.

After the provisional registration of that mortgage, it is necessary to take legal action within a period of1 month, in order to obtain Enforcement Order.

As from the date of obtaining the enforceable title, there shall be a period of 2 months to have the mortgage permanently registered in the property advertising service.

How do I challenge the decision of the JEX?

TO the debtor's application, the JEX may order the measure to be released at any time.

The debtor enters the JEX by subpoena. The lawyer is not obligatory.

The parties are called to a hearing contradictory where they can debate.

Rental Eviction Period

TO further to a judicial decisionHowever, a debtor may have been ordered to leave the premises and may be subject to eviction from his home in the future. If he considers that his relocation cannot take place under normal conditions and if he justifies a particular reason, he may bring the matter before the JEX. This allows you to request additional time to leave the accommodation until the eviction.

The competent game is that of the place where the dwelling is located.

How to capture the JEX?

To apply for a rental eviction deadline, you can use the following form:

Request a time limit for an expulsion order - Request to the enforcement judge

The application must be accompanied by all the documents necessary to justify the debtor’s situation (family record book, last tax assessment, CAF certificates, RSA, miscellaneous invoices, steps and difficulties for your relocation...).

The debtor shall indicate to the JEX:

  • Reasons for making this request, for example, the loss of a job or difficulties encountered in relocating.
  • What has changed since the last court decision, for example, new charges.
  • Any evidence which may justify the request.

The complete file must be sent to the JEX by registered letter with acknowledgement of receipt (LRAR) or lodged at the JEX Registry in the competent court.

Do you need a lawyer in front of the JEX?

The lawyer's not not required.

If you wish to be represented at the hearing by another person, you may give them a power.

Power is one written document which allows the designated person to appear at the hearing and speak for you and on your behalf.

You can write a power of attorney by designating one of the following:

  • No one with whom you live as a couple
  • Your father or your mother
  • Your child
  • Your brother or sister
  • Your nephew or niece
  • Person attached to your personal service or company (e.g. company lawyer or domestic worker)

The designated representative must be major. He must attend the hearing with the power and one identity document.

You can use a template to write a power:

Model of power of representation in legal proceedings

How is the hearing before the JEX?

The JEX hearing is oral, i.e. the parties express their requests and arguments orally.

During the proceedings, a party may always present its arguments in writing to the judge. In this case, she must justify having sent them to her opponent, before the hearing by registered letter with notice of receipt.

At the hearing, if the parties so request, they may be excused from attending a future hearing.

What can the JEX decide?

The JEX may decide to reject the request for additional time to leave the premises.

If the JEX decides on an additional period of time to leave the premises, it will be between 1 month and 12 months maximum.

In setting this time limit, the JEX shall take into account:

  • the good or bad will of the occupier in the performance of his obligations
  • the respective situations of the owner and the occupier (age, state of health, status of disaster by acts of war, family situation or fortune of each of them, atmospheric circumstances...)
  • the steps which the occupier justifies having taken with a view to his relocation.

How does the JEX make its decision?

The decisions rendered by the JEX are notified by the Registry of the Parties by registered letter with acknowledgement of receipt (LRAR).

It is possible to do signify a decision by a Commissioner of Justice if notification by the Registry has failed (i.e. if the LRAR returns to the court because the debtor has not gone to the post office).

How do I challenge the decision of the JEX?

The call is possible against the decisions of the JEX.

The lawyer is obligatory to appeal and for the procedure before the court of appeal.

The appeal must be filed within 15 days from notification the decision, i.e. on receipt of the registered letter with acknowledgement of receipt (RRA).

If the RPPA could not be delivered to the individual, the appeal period runs from the delivery of the significance.

The decisions of the JEX are provisional ordersn, i.e. they can be executed even if a call is made.

Other

The GAME is not competent on the enforcement of criminal (fines), social (URSSAF), customs or salary debts (withholding of salary following an overpayment).

The following situations may affect the game:

  • Penalty payment
  • Time limit for payment of a claim 

Depending on the type of application, the game to be entered by the debtor is different.

Penalty payment : at the choice of the applicant, the competent JEX is that of the debtor's place of domicile OR that of the execution of the measure.

Payment period : at the choice of the applicant, the competent JEX is that of the debtor's place of domicile OR that of the execution of the measure.

How to capture the JEX?

The GAME is entered by subpoena issued by a Commissioner of Justice.

Do you need a lawyer in front of the JEX?

The lawyer is obligatory unless the claim is less than €10,000

If your income doesn't allow you to pay a lawyer, you can apply for legal aid.

Where the claim is less than €10,000However, it is possible to be represented by a person other than the lawyer.

If you wish to be represented at the hearing by another person, you may give them a power.

Power is one written document which allows the designated person to appear at the hearing and speak for you and on your behalf.

You can write a power of attorney by designating one of the following:

  • No one with whom you live as a couple
  • Your father or your mother
  • Your child
  • Your brother or sister
  • Your nephew or niece
  • Person attached to your personal service or company (e.g. company lawyer or domestic worker)

The designated representative must be major. He must attend the hearing with the power and one identity document.

You can use a template to write a power:

Model of power of representation in legal proceedings

FYI  

The State, regions, departments, communes and their public establishments may be represented by an official, an official of their administration or a lawyer.

How is the hearing before the JEX?

The JEX hearing is oral, that is, the parties express their requests and arguments verbally.

During the proceedings, a party may always present its arguments in writing to the judge. In this case, she must justify having sent them to her opponent, before the hearing by registered letter with notice of receipt.

At the hearing, if the parties so request, they may be excused from attending a future hearing.

What can the JEX decide?

As regards the periodic penalty payment

This can be an initial request, a liquidation or a fixation for the future.

The JEX can pronounce a penalty payment to the person who fails to perform an obligation.

It may also sentence him to damages if non-performance causes injury.

The JEX is also competent to liquidate the periodic penalty payment, that is to say, it sets the amount when the judge who pronounced it did not reserve that right.

The amount of the provisional periodic penalty payment shall be settled taking into account the conduct of the person to whom the order was addressed and the difficulties encountered by that person in enforcing it.

The rate of the final periodic penalty payment may never be altered when it is wound up.

The temporary or final penalty payment shall be abolished in whole or in part if it is established that the non-execution or delay in the execution of the judge's order is due, in whole or in part, to a foreign cause.

As regards the time limit for payment of a claim

The JEX may arrange for the pecuniary execution of a conviction.

It may, taking into account the situation of the debtor and taking into account the needs of the creditor, postpone or stagger, up to 2 years, payment of the sums due.

By special and reasoned decision, the JEX may order that the sums corresponding to the deferred maturities bear interest at a reduced rate at least equal to the statutory rate, or that the payments shall be set off against the principal first.

The JEX may make such measures subject to the performance by the debtor of acts which facilitate or guarantee the payment of the debt.

The decision of the JEX suspends enforcement proceedings which would have been initiated by the creditor.

Please note

Payment periods shall not apply to maintenance debts. The JEX may not grant payment periods for maintenance or maintenance compensatory benefit.

How does the JEX make its decision?

The decisions rendered by the JEX are notified by the Registry of the Parties by registered letter with acknowledgement of receipt (LRAR).

It is possible to do signify a decision by a Commissioner of Justice if notification by the Registry has failed (i.e. if the LRAR returns to the court because the debtor has not gone to the post office).

The decisions of the JEX are provisionally enforceable, i.e. they can be enforced even if an appeal or appeal in cassation is brought.

How to challenge the decision of the JEX?

The call is possible against the decisions of the JEX.

The lawyer is obligatory to appeal and for the procedure before the court of appeal.

The appeal must be filed within 15 days from notification the decision, i.e. on receipt of the registered letter with acknowledgement of receipt (RRA).

If the RPPA could not be delivered to the individual, the appeal period runs from the delivery of the significance.

The decisions of the JEX are interim orders, i.e. they can be executed even if a call is made.

Who can help me?

Find who can answer your questions in your region

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